Law:

Section:

Oil and Gas Regulatory Authority Ordinance (XVII of 2002)--- ----S. 11---Gas connection for Captive Power Generation Unit---"Export orientated unit"---Scope---Appellant company which ran hotels filed an application with the Gas company requesting for provision of a connection for running its power generating set on gas for use during periods of load-shedding or unavailability of power from the grid---Such request was declined on the ground that the policy for the Federal Government for supply of gas to Captive Power Units stated that gas connection for power generation could be provided only to export oriented industries having sizable foreign investment which was required to be confirmed by the Board of Investment---Plea of appellant that it had foreign exchange investment of US $ 3.122 million and squarely fell within the definition of "industries having sizable foreign investment" as given in the Federal Government's policy, therefore refusal on the part of Gas company to allow a gas connection for captive power generation was illegal and without lawful authority---Validity---Record indicated that the Economic Coordination Committee (ECC) decided that gas to Captive Power Projects would be supplied strictly in accordance with ECC's decision to industrial units only and not to hotels, marriage halls and other commercial organizations---Appellant did not fulfil the requirements prevalent at the relevant time for grant of gas connection for captive power generation i.e. it did not have a sizable foreign investment of Rupees five hundred million or above and was obviously not an export oriented unit---Plea of discrimination raised by the appellant was also untenable as the appellant was unable to show by producing any document or by pointing to any unit or entity which had been provided gas connection for running Captive Power Generation Unit in violation of Government policies and directives issued from time to time pursuant to decision of the ECC---Appeal was dismissed accordingly. THIS ORDER PASSED BY: IJAZ UL AHSAN, JUSTICE:---.--- The appellant is a private limited company engaged in the business of running hotels. It established a hotel under the name and…

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