Law: Oil and Gas Regulatory Authority Ordinance, 2002

Section: 2(xxxii),3,12

Law: Constitution of Pakistan, 1973

Section: 199

Oil and Gas Regulatory Authority Ordinance (XVII of 2002)--- ----Ss. 2(xxxii), 3 & 12---Constitution of Pakistan (1973), Art.199---Constitutional petition---Demand of gas supply for Captive Power Plant of hotel---Refusal of Sui Southern Gas Company (SSGC) to accept such demand of applicant-hotel---Dismissal of appeal and review filed by SSGC against acceptance of such demand of hotel by Oil and Gas Regulatory Authority---Plea of SSGC was that applicant-hotel was not export-oriented industry; and that acceptance of its demand was violative of decision of Economic Coordination Committee of Federal Cabinet and Power Policies prohibiting supply of gas for power generation to Hotels lacking foreign investment of 500 million rupees or above-Validity--Applicant-hotel did not fulfil requirements for grant of gas connection for power generation---Power Policies announced by Government subsequent to rejection of applicant-hotel's demand by SSGC would not govern such matter---As no dispute existed regarding "regulated activity" as defined in S.2(xxxii) of Oil and Gas Regulatory Authority Ordinance, 2002, all proceedings before authority were irregular and without jurisdiction---High Court accepted constitutional petition with observations that applicant-hotel would be at liberty to make fresh application to Federal Government, which would decide same according to law and its policies. District Magistrate, Lahore and another v. Syed Raza Kazim PLD 1961, SC 178 ref. ORDER The petitioner Sui Southern Gas Co. Ltd., hereinafter referred to as (SSGC) has sought declaration that the respondent No.2 is not entitled to be provided gas connection for Captive Power Generation. The respondent No.3 is a private organization engaged in running Hotel Industry established a Hotel under the name and Style of Days INN claiming to be franchise from DAYS INN World Wide Inc. of United States of America. The respondent No.3 wrote a letter to the petitioners on 18-10-2003 reads as under:-- "This refers to our A/C No. 710101700 for the gas supply to our kitchen, due to frequent interruption in K.E.S.C. supply we plan to install Gas Fixed generating set for our standing arrangements. The said…

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