Law: Constitution of Pakistan, 1973

Section: 4,18,158,199(1)

Law: Constitution of Pakistan, 1973

Section: 4,18,158,199(1)

(a) Oil and Gas Regulatory Authority Ordinance (XVII of 2002)------S. 6---Compressed Natural Gas (CNG) (Production and Marketing) Rules, 1992---Constitution of Pakistan, Arts.4, 18, 158 & 199---Constitutional petition---Establishment of CNG Filling Station in Sibi (Balochistan)---Grant of Provisional licence for such station and obtaining of NOC from Municipal Administration, Chief Inspector of Explosives and the Gas Company---Completion of such station by spending huge amount---Pre-commissioning inspection of such station by consultant of OGRA and payment of dues of SSGC by petitioner---Refusal of OGRA to grant CNG Marketing Licence to petitioner in view of subsequent ban imposed by Prime Minister on new gas connections---Validity---Impugned ban would apply only to new industrial connections---Petitioner did not fall within ambit of impugned ban for having been granted permission by SSGC much prior to its imposition---Petitioner in pursuance of provisional licence after having obtained NOCs from various authorities and deposited dues of Gas Company, had a vested right for grant of marketing licence---Oil and Gas Regulatory Authority was legally bound to issue licence for putting petitioner's station into operation---Petitioner's fundamental right to conduct lawful business of such station had been infringed---So long a trade or business was lawful, a citizen eligible to conduct same could not be deprived from undertaking the same---High Court, in exercise of its powers of judicial review, could examine prohibition, if any, imposed on such right---Every citizen had a fundamental right to be dealt with in accordance with law---Refusal of Oil and Gas Regulatory Authority to issue marketing licence to petitioner was illegal, thus, he had not been dealt with in accordance with law---Policy decision of Federal Cabinet was that supply of gas would remain uninterrupted in gas producing areas including Balochistan---Article 158 of the Constitution had provided that a Province, in which a well-head of natural gas was situated, shall have the precedence over other part of Pakistan in meeting the requirements from the well-head, subject to the commitments and…

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