Legal Case Summary

Case Details
Case ID 04b7480d-84dd-4e65-93c5-abbe9138ab05
Body View case body.
Case Number Writ Petition No. 1262 of 2015
Decision Date Jan 20, 2021
Hearing Date
Decision The Islamabad High Court dismissed the writ petition filed by the petitioner seeking a gas connection from Sui Northern Gas Pipeline Limited (SNGPL). The court found that the petitioner had an efficacious alternate remedy available under the Complaint Resolution Procedure for Natural Gas and other regulations. The court ruled that since the petitioner’s residence was in an unauthorized housing scheme, SNGPL was legally bound not to provide utility connections as per the decisions made by the Capital Development Authority (CDA) and Wafaqi Mohtasib. The court emphasized that it would not exercise its constitutional jurisdiction as the remedy provided by the regulations was adequate and available to the petitioner.
Summary In the case of Writ Petition No. 1262 of 2015, the Islamabad High Court addressed a petition filed by a resident seeking a gas connection from Sui Northern Gas Pipeline Limited (SNGPL). The petitioner argued that he had applied for the installation of a gas meter at his residence, yet SNGPL failed to fulfill its legal obligation. The court examined the legal framework under the Constitution of Pakistan and the relevant regulations on gas supply. It was determined that the petitioner resided in an unauthorized housing scheme, which barred SNGPL from providing connections as per the directives from the Capital Development Authority. The court highlighted that the petitioner had other remedies available under the Complaint Resolution Procedure, and thus, it was appropriate to dismiss the petition for not exhausting these remedies. This ruling underscores the importance of adherence to statutory regulations and the role of administrative bodies in utility provision. Keywords include 'Islamabad High Court', 'gas connection', 'Sui Northern Gas', 'Constitution of Pakistan', 'Complaint Resolution Procedure', 'unauthorized housing scheme'.
Court Islamabad High Court
Entities Involved Capital Development Authority, Sui Northern Gas Pipeline Ltd.
Judges Tariq Mehmood Jahangiri, Sahibzada Nisar Ahmad Jan
Lawyers Ch. Muhammad Zafar Iqbal for Petitioner, Ch. Hafeezullah Yaqub for Respondent
Petitioners
Respondents Sui Northern Gas Pipeline Ltd. Through General Manager
Citations 2021 SLD 953, 2021 CLC 851
Other Citations Mst. Kaniz Fatima v. Muhammad Salim 2001 SCMR 1493, Muhammad Abbasi v. S.H.O. Bhara Kahu and 7 others PLD 2010 SC 969, Rana Aftab Ahmad Khan v. Muhammad Ajmal and another PLD 2010 SC 1066
Laws Involved Constitution of Pakistan, 1973, Compressed Natural Gas (CNG) and Refined Oil Products Regulations, 2003
Sections 199, 3, 9