Case Details

Citation(s)
2022 SLG 2503 2022 SLD 2503 2022 CLC 1561
Islamabad High Court
OGRA Application No. 07 of 2020, decided on 12th April, 2022.
SAMAN RAFAT IMTIAZ, J

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Messrs GAZCON CNG through Managing Partner--Applicant

VS

OIL AND GAS REGULATORY AUTHORITY through Chairman and another

Law: Oil and Gas Regulatory Authority Ordinance, 2002

Section: 12(2),6(3),41

Law: Compressed Natural Gas (Production and Marketing) Rules, 1992

Section: 11

(a) Oil and Gas Regulatory Authority Ordinance (XVII of 2002)--- ----S.12 (2)---Compressed Natural Gas Marketing Rules, 1992, R.11---Review jurisdiction of Oil and Gas Regulatory Authority---Regularization charges---Violation of rules---Remedy---Imposing or not, of regularization charges was within the parameters of Oil and Gas Regulatory Authority, and such determination was within the scope of S.12(2) of Oil and Gas Regulatory Authority Ordinance, 2002, as there was no other remedy provided within such law to cater to the same---Review application was maintainable in circumstances. (b) Oil and Gas Regulatory Authority Ordinance (XVII of 2002)--- ----Ss.6(3), 12(2), 41---Compressed Natural Gas Marketing Rules, 1992, R.11---Regularization charges---Absence of Rules---Petitioner converted Compressed Natural Gas Station into petrol pump---Authorities imposed Regularization Charges upon petitioner---Plea raised by petitioner was that in absence of rules framed for such purpose, imposing of Regularization Charges was illegal---Validity---Where rules were not framed, enabling provision that had empowered rule making, could not be used as an excuse, not to exercise authority under another provision unless rule-making was condition precedent to such exercise---Provision that empowered Oil and Gas Regulatory Authority to impose levies contained the condition that such imposition would be in accordance with rules---When law had provided certain mode of doing a thing or for taking an action, it had to be done in that manner alone---Imposition of fees and other charges under S.6(3) of Oil and Gas Regulatory Authority Ordinance, 2002, could only be undertaken by the Authority in accordance with rules---Oil and Gas Regulatory Authority was not empowered to impose or to collect any fees or charges under S.6(3) of Oil and Gas Regulatory Authority Ordinance, 2002, without making rules in accordance with S.41 of Oil and Gas Regulatory Authority Ordinance, 2002---Imposition of regularization charges pursuant to S.6(3) of Oil and Gas Regulatory Authority Ordinance, 2002, for unauthorized alteration of works at CNG station by petitioner in violation of R.11 of Compressed Natural…
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