Sunday, 16 April 2017

case law on Gas

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

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