Case Details

Citation(s)
2010 SLG 1234 2010 SLD 1234 2010 YLR 206
Lahore High Court
W. P. No. 11213 of 2008, decided on 01-12-2008.
NASIM SIKANDAR, JUSTICE
Syed Faiz ul Hassan for Petitioners. Kh. Saeed uz Zafar for
Respondent No.1.

MESSRS EXPRESS LINK FILLING STATION, KADLATHI, SHEIKHUPURA THROUGH MANAGING PARTNER AND ANOTHERS

VS

OIL AND GAS REGULATORY AUTHORITY THROUGH CHAIRMAN AND 2 OTHERS

Law: Oil and Gas Regulatory Authority (Amendment) Ordinance, 2002

Section: 6

Law: Constitution of Pakistan, 1973

Section: 199

Oil and Gas Regulatory Authority Ordinance (XVII of 2002)--- ----S.6---Constitution of Pakistan (1973), Art. 199---Constitutional petition---CNG Station, installation of--- Petitioner claimed to have imported CNG machinery and obtained no objection certificate from District Coordination Officer concerned and permission from Gas company for gas supply---Non-granting of licence to petitioner to operate CNG Station due to imposition of ban by Government on issuance of new CNG licenses---Plea of petitioner was that such ban would not apply to him as he had already imported CNG machinery---Validity---Letter of ban issued by Authority indicated that only new CNG licence in pipelines had been held up and not of those applicants, who had already imported CNG machinery---Invoices produced by petitioner showed import of CNG machinery before imposition of such ban, which fact was not disputed by Authority was entitled to issuance of licence from Authority---High Court accepted constitutional petition in circumstances. THIS ORDER PASSED BY: NASIM SIKANDAR, JUSTICE:---.--- The petitioners claim to be in the process of establishing a petrol/CNG Station at Mouza Kadlathi, Tehsil and District Sheikhupura. After purchasing land for the CNG station they claim to have obtained no objection certificate from respondent No.2, D.C.O. Sheikhupura on 4-4-2007. Their application for supply of gas for CNG was allowed by the Sui Northern Gas pipelines Limited vide sanction letter dated 11-9-2007. After mak ing the required payment of Rs.23,00,000 to the Company the petitioners imported JINXING CNG Compressor along with complete CNG station package from China. The consignment reached Pakistan in the last week of October, 2007. 2. In the completion of the involved formalities the petitioners applied for grant of licence to operate the CNG station. However, respondent No.1, Oil & Gas Regulatory Authority, Islamabad, through letter dated 25-2-2008 informed them that the Government of Pakistan has decided to hold up all new CNG licences. Therefore, their request for issuance of NOC was regretted. The refusal on the part of respondent No.1 to issue the licence/NOC is challenged mainly on…
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