| Citation(s) |
|---|
| 2017 SLG 1308 2017 SLD 1308 = 2017 PLD 567 |
Sindh High Court
OGRA J.M. Nos. 1 and 2 of 2011, 1 of 2012, 2 of 2013, 1 of2014 and 9 of 2016, decided on 25th November, 2016. Dates ofhearing; 18th, 19th, 20th, 24th, 25th, 26th, 27th October,2016 and 2nd and 3rd November, 2016.
MOHAMMAD SHAFI SIDDIQUI, JUSTICE
Mirza Mahmood Ahmad along with Fahad Malik for Petitioner.Salman Akram Raja and Tariq Bashir along with M. Rizwan ul Haq, Executive Director Litigation (OGRA) for
Respondent No.1.Nemo for
Respondent No.2.Anwar Mansoor Khan along with Ms. Omemah Khan
OGRA J.M. Nos. 1 and 2 of 2011, 1 of 2012, 2 of 2013, 1 of2014 and 9 of 2016, decided on 25th November, 2016. Dates ofhearing; 18th, 19th, 20th, 24th, 25th, 26th, 27th October,2016 and 2nd and 3rd November, 2016.
MOHAMMAD SHAFI SIDDIQUI, JUSTICE
Mirza Mahmood Ahmad along with Fahad Malik for Petitioner.Salman Akram Raja and Tariq Bashir along with M. Rizwan ul Haq, Executive Director Litigation (OGRA) for
Respondent No.1.Nemo for
Respondent No.2.Anwar Mansoor Khan along with Ms. Omemah Khan
SUI SOUTHERN GAS COMPANY LIMITED (SSGCL) THROUGH DEPUTY CHIEF MANAGERVSOIL AND GAS REGULATORY AUTHORITY (OGRA) THROUGH CHAIRMAN AND another
Law:
Section:
(a) Oil and Gas Regulatory Authority Ordinance (XVII of 2002)---.--- ---.----Ss. 12(2) & 13---.---High Court, jurisdiction of---.---Scope---.---Provisions of S.13 of Oil and Gas Regulatory Authority Ordinance, 2002, relates to a situation where authority may oblige to review, rescind, change, alter or vary any decision or rehear an application in the event of change in circumstances or discovery of evidence which in the opinion of the Authority, could not have reasonably been discovered at the time of decision or (in the case of rehearing) at the time of original hearing, if consideration of the change in circumstances or of new evidence would materially alter the decision---.---Situation as described in S.13 of Oil and Gas Regulatory Authority Ordinance, 2002, is different and distinguishable from the one provided under S.12(2) of Oil and Gas Regulatory Authority Ordinance, 2002---.---Primary jurisdiction of High Court in terms of S.12(2 of Oil and Gas Regulatory Authority Ordinance, 2002, is to see whether procedure, as undertaken by Oil and Gas Regulatory Authority is in the letter and spirit of Oil and Gas Regulatory Authority Ordinance, 2002. (b) Oil and Gas Regulatory Authority Ordinance (XVII of 2002)---.--- ---.----Ss. 12(2)---.---Tariff, fixation of---.---Jurisdiction of High Court---.---Scope---.---Petitioner company was aggrieved of decision taken by Oil and Gas Regulatory Authority with regard to fixation of tariff---.---Validity---.---Jurisdiction under S.12(2) of Oil and Gas Regulatory Authority Ordinance, 2002, is limited to the extent that High Court could only apply judicial view as to whether procedural requirement under Oil and Gas Regulatory Authority Ordinance, 2002, Rules and Licenses had been followed---.---High Court could not sit as Court of appeal and consider such details which Oil and Gas Regulatory Authority had undertaken---.---Price fixation mechanism was not a function which was to be undertaken by High Court---.---Where procedural requirements had been flouted, High Court could provide indulgence---.---Specialized performances which were assigned to regulatory authority could not be undertaken by High Court, in exercise of…