| Citation(s) |
|---|
| 2009 SLG 183 2009 SLD 183 2009 CLD 710 |
Sindh High Court
Constitutional Petitions Nos.D-1259, 1443, 1126, 1255 of 2007 and 1906 of 2006, decision dated: 7-12-2007
MUNIB AHMED KHAN, JUSTICE DR. RANA M. SHAMIM, JUSTICE
Nemo for Petitioner (in C.P. No. 1255 of 2007) Naveed Ahmed Khan for Petitioner (in C.P. No. 1259 of 2007) Nisar A. Mujahid and Ms. Saify Ali Khan for Petitioner (in C.P. No. 1906 of 2006) Zafar Hadi Shah for
Respondent No. 7 (in C.P. No. 1443 of 2007)
Constitutional Petitions Nos.D-1259, 1443, 1126, 1255 of 2007 and 1906 of 2006, decision dated: 7-12-2007
MUNIB AHMED KHAN, JUSTICE DR. RANA M. SHAMIM, JUSTICE
Nemo for Petitioner (in C.P. No. 1255 of 2007) Naveed Ahmed Khan for Petitioner (in C.P. No. 1259 of 2007) Nisar A. Mujahid and Ms. Saify Ali Khan for Petitioner (in C.P. No. 1906 of 2006) Zafar Hadi Shah for
Respondent No. 7 (in C.P. No. 1443 of 2007)
MST. GHAZALA HASSAN AND ANOTHER
VS
CITY DISTRICT GOVERNMENT, KARACHI THROUGH CITY NAZIM AND 3 OTHERS
Law: Oil and Gas Regulatory Authority (Amendment) Ordinance, 2002
Section: 6
Law: Constitution of Pakistan, 1973
Section: 199
Oil and Gas Regulatory Ordinance (XVII of 2002)--S.6---Compressed Natural Gas (C.N.G.) (Production and Marketing) Rules, 1992---Karachi Building and Town Planning Regulations, 2002---Constitution of Pakistan (1973), Art.199---Constitutional petition---C.N.G. filling station in residential area, installation of---Petition raising questions of public safety and tranquility vis-a-vis location and use of such stations in Karachi---Non-availing remedy available to petitioner under Oil and Gas Regulatory Authority Ordinance, 2002 and Karachi Building and Town Planning Regulations, 2002---Validity---Petition involved questions of technical expertise---Effect---High Court directed petitioner to approach competent authorities under Oil and Gas Regulatory Ordinance, 2002 and Karachi Building and Town Planning Regulations, 2002 by filing appeal/representation within seven days, who would decide such questions within specified time after keeping in view uniform policy prevailing in country, interest of people in surrounding and keeping in mind precautions and measure to be adopted---High Court further observed that question of limitation would not bar such appeal/representation for involving questions of public safety and tranquility. ORDER After hearing the petitioners and their counsel as well as the respondents and their counsel, it appears that the serious factual controversy is involved and several questions of public safety and tranquility vis-a-vis location and use of C.N.G. filling stations are being raised in these petitions. The respondents at the first hand have submitted that operation of the C.N.G. Pump is being controlled and granted under three laws i.e. Ordinance XVII of 2002, which is known as Oil and Gas Regulatory Ordinance, 2002, Compressed Natural Gas (C.N.G.) (Production and Marketing) Rules, 1992, made under Regulation of Mines and Oil Fields and Mineral Development (Government Controlled) Act, 1948 (XXIV of 1948) and Karachi Building and Town Planning Regulations, 2002. They submit that the OGRA Law and KB and TPR, 2002 provide proper byelaws for redress of the grievance but the petitioners have not approached these authorities against grant of…
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