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Search Results: Categories: Article 5 (1 found)
Ms Petrosin CNG Pvt Limited VS OGRA
Citation: Pending
Case No: Writ Petition-801-2025
Judgment Date: 19-May-25
Jurisdiction: Islamabad High Court
Judge: Justice Muhammad Azam Khan
Summary: (a) Oil and Gas Regulatory Authority Ordinance, 2002 — Natural Gas Regulatory Authority (Licensing) Rules, 2002
----R. 15(2) (Decisions of the Authority); R. 10(9) (Re-opening of hearings)
Licensing—Mandatory decision period—OGRA’s failure to decide application within statutory period—Effect—Petitioner’s application (20-12-2017) for license to compress, store and sell flare gas remained undecided despite OGRA’s “final determination” (15-04-2022) directing submission of specified documents, which the parties submitted on 10-05-2022—Under R. 15(2), the Authority shall decide an application within six months of filing; any extension is confined to causes beyond control, at most one month, and reasons must be recorded—OGRA neither concluded proceedings within the prescribed aggregate period nor recorded reasons for extension—Action held contrary to mandatory rule and beyond lawful authority.
Cited cases: Secretary, Ministry of Finance v. Muhammad Anwar 2025 SCMR 153; Nadir Khan v. Qadir Hussain 2024 SCMR 770; Tri-Star Industries (Pvt.) Ltd. v. Trisa Burstenfabrik AG Triegen 2023 SCMR 1502.
(b) Oil and Gas Regulatory Authority Ordinance, 2002 — Natural Gas Regulatory Authority (Licensing) Rules, 2002
----R. 10(9)
Re-opening of concluded hearing—Prerequisites—OGRA fixed a further public hearing on 28-02-2023 after closing evidence and rendering a final decision—No good cause was shown nor reasons recorded as required by R. 10(9)—Such re-opening, absent a reasoned order on motion and good cause, is impermissible.
(c) OGRA Ordinance, 2002
----S. 12(2) (High Court’s supervisory jurisdiction over regulated activity decisions)
Maintainability—Scope of judicial review—Where no other adequate remedy exists, High Court may direct the Authority to refrain from unlawful action or to perform its legal duty—Given OGRA’s procedural lapses under the Ordinance/Rules, recourse under S. 12(2) was competent; Court’s review confined to testing procedural legality and timeliness, not merits of licensing.
Cited cases: Messrs Mehran Oils (Pvt.) Ltd. v. OGRA, PLD 2021 Sindh 67.
(d) Constitution of Pakistan, 1973
----Arts. 4, 5 & 18
Fundamental rights—Regulatory delay and arbitrary inaction—OGRA’s inordinate and unreasoned delay in deciding the license application infringed the petitioner’s rights to be dealt with in accordance with law (Arts. 4 & 5) and to enter upon and conduct a lawful business (Art. 18).
(e) Practice and procedure
Multiplicity of proceedings—Costs—Petitioner’s resort to multiple suits at different fora for injunctive relief deprecated; costs of Rs. 100,000/- imposed.
(f) Flare gas—Regulatory context (observation)
OGRA’s license dated 23-07-2024 to GAP pertained to industrial usage from the same field; not a license for CNG use—Safety and policy requirements to be considered by OGRA while deciding petitioner’s application.
(g) Disposition — Writ petition disposed of. OGRA directed to decide the petitioner’s 20-12-2017 licensing application strictly in accordance with law within one month; OGRA restrained from taking adverse action against the petitioner until decision; costs of Rs. 100,000/- imposed on the petitioner.