Law: Gas Infrastructure Development Cess Act, 2015

Section: 8(2)

Law: Constitution of Pakistan, 1962

Section: 199

NEPRA Licensing (Application and Modification Procedure) Regulations, 1999-- ----Regln. 2(k)--Gas Infrastructure Development Cess Act, 2015, S. 8(2)--Constitution of Pakistan, 1973, Art. 199--Constitutional petition--Clarification of --Licenses for captive power generation--Distinction between industrial and captive power generation and tariff--Self consumption to industrial process of consumers--Question of determination of fact of actual collection--Demand for payment of GIDC--Disposing of review petition cannot be distorted--Validity--The case set up by SNGPL would have unpalatable effect of upsetting original of Supreme Court and to efface benefit which accrued to present consumers by that holding--Clearly SNGPL has unnecessarily embroiled petitioners in another vortex of litigation which has no basis and construction being sought to put on order passed in review petitions is a figment of imagination of SNGPL--Under similar circumstances Sindh High Court has decreed suit filed by consumer who brought that suit to challenge similar notices for payment of demand raised by SNGPL based on same premises--Sindh High Court held plaintiff to fall within category of industrial consumers rather than captive power plant and to be made subject to industrial tariff--Petition was allowed. JUDGMENT This judgment will also decide connected petitions mentioned at Anncxure ‘A’ to this judgment. 2. This litigation raises two issues of related nature. These issues have, in the past, come up before this Court and also before the Supreme Court of Pakistan and emanates from a judgment finally passed by the Supreme Court in C.P Nos. 159-L to 214-L of 2018 (“the Judgment”). A review petition was also filed against this judgment and which too was dismissed through an order dated 16.8.2019 passed in C.R Nos.49-L to 99-L of 2019. The order passed in review petitions is the most relevant order for our purposes and is set out below: “2. We have heard the learned counsel for the parties at great length. No ground for review is made out. These review petitions are dismissed with a clarification that the judgment under review deals only with industrial consumers utilizing gas supplied to…

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