Arts.
158 & 199---Constitutional petition---Supply of natural
gas---Priority---Petitioner company raised the plea that in view of
Art.158 of the Constitution, failure to supply natural gas to its plant
was illegal---Validity---Province of Khyber Pakhtunkhwa had surplus gas
over and above its own consumption---Cement manufacturing unit of
petitioner situated in Khyber Pakhtunkhwa Province should have had
precedence over cement manufacturing units outside the Province but
record spoke otherwise---Instead of
giving precedence to petitioner's cement manufacturing unit, the units
in other Provinces were given preference and petitioner was deprived of
its legal and constitutional right---High Court declared the conduct of
authorities in delaying the provision and supply of gas connection to
petitioner company as illegal, arbitrary, unreasonable, discriminatory,
without lawful authority and jurisdiction and also violative of
constitutional guarantees enshrined in the Constitution---High Court
directed the authorities to act in accordance with law and Constitution
and forthwith supply gas to cement manufacturing unit of
petitioner---Petition was allowed accordingly.
2016 PLD 32 PESHAWAR-HIGH-COURT
Side Appellant : CHERAT CEMENT COMPANY LTD. NOWSHERA
Side Opponent : PAKISTAN through Secretary Ministry of Petroleum and Natural Resoures, Islamabad
Side Appellant : CHERAT CEMENT COMPANY LTD. NOWSHERA
Side Opponent : PAKISTAN through Secretary Ministry of Petroleum and Natural Resoures, Islamabad
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