2008 PLD 402 KARACHI-HIGH-COURT-SINDH
SUI SOUTHERN GAS COMPANY LTD., KARACHI
Versus
FEDERATION OF PAKISTAN through Ministry of Petroleum and Natural Resources, Government of Pakistan, Islamabad
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.
