| Case ID |
090112ff-3e0e-4d24-8eb7-385c3e58b0e5 |
| Body |
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| Case Number |
High Court Appeal No.92 of 2023 |
| Decision Date |
Mar 28, 2024 |
| Hearing Date |
Aug 16, 2023 |
| Decision |
The Impugned Judgment of the learned Single Judge is well-founded. The judgment dismissed the Suits of the Appellants and upheld the validity of the Impugned Notification, with the sole modification that it was applicable prospectively from 23.10.2020 and not retrospectively from 1.9.2020. The court determined that OGRA's failure to determine category-wise prescribed prices did not invalidate the notification, as it did not prejudice the Appellants. The Appellants were found to be captive power producers under the revised definition, and the reliance on the doctrine of promissory estoppel was deemed unfounded. Consequently, the High Court Appeals were dismissed without any costs awarded. |
| Summary |
This case revolves around the challenge to a gas tariff notification issued by OGRA that increased the natural gas tariff for retail consumers. The Appellants, who are industrial consumers, contended that they should not be classified as 'Captive Power Producers' and argued against the legality of the tariff increase. The court upheld the validity of the notification while clarifying its prospective application. The decision also addressed the implications of the gas development surcharge and the definition of captive power plants under current regulations. This ruling is significant for understanding the regulatory landscape of gas tariffs and consumer classifications in Pakistan, particularly in the context of energy production and consumption. |
| Court |
Sindh High Court
|
| Entities Involved |
Sui Southern Gas Company,
NEPRA,
SSGCL,
Sui Northern Gas Company
|
| Judges |
MUHAMMAD JUNAID GHAFFAR,
SANA AKRAM MINHAS
|
| Lawyers |
Ovais Ali Shah,
Ameer Nausherwan Adil Memon,
Khalid Mehmood Siddiqui,
Samia Faiz Durrani,
Aijaz Ahmed,
Muhammad Rashid Anwar,
Sofia Saeed,
Navin Merchant Salim,
Amin M. Bandukda,
Faiz Muhammad Durrani,
Naeem Suleman,
Ali Abid Zuberi,
Syed Mohsin Ali,
Nazeer Siddiqui,
Habib Kazi,
Suleman Yousuf,
Syed Muhammad Ali Mehdi,
Ali Qambar Askari,
Imran Iqbal,
Ghulam Muhammad,
Ali Nawaz Khuhawar,
Marium Riaz,
Fizzah Bucha,
Ayesha Sahto,
Arshad Hussain Shahzad,
Afaq Ahmed,
Shakeel Akbar,
Kashan Ahmed,
Hussain Akhtar Ansari,
Tauqeer Randhawa,
Zohaib Hassan,
Haroon Shah,
Aijaz Ali Sial,
Umar Sikandar,
Garib Shah,
Nasir Illahi Siddiqui,
Saleh Muhammad Siddiqui,
Jawed Qureshi,
Tehmina Ashraf,
Ghulam Rasool Korai,
Siraj Sheikh,
Zaheer-u-Din Babar Bohyo,
Jawad Qureshi,
Adil Saeed,
Kashif Hanif,
Furqan Ali,
Barrister Ghazi Khan Khalil,
Farmanullah Khan,
Abdul Razak Panhwar,
Syeda Mariam Mastoor,
Syeda Khizra Fatima Chishti,
Abdul Hakim Junejo,
Syed Kumail Abbas,
Sheryar Khan,
Muhammad Shahid,
Zafar Iqbal Arain,
Shazia Aziz Khan,
Sarmad Ali,
Hayat Muhammad Junejo,
Jahanzaib Awan,
Shaista Parveen,
M/s Ayan Mustafa Memon,
M/s Asim Iqbal
|
| Petitioners |
Others,
A & G AGRO INDUSTRIES PRIVATE LIMITED
|
| Respondents |
FEDERATION OF PAKISTAN,
Others
|
| Citations |
2024 SLD 4796,
(2024) 130 TAX 208
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
OIL AND GAS REGULATORY AUTHORITY ORDINANCE, 2002,
Natural Gas Tariff Rules, 2002,
NEPRA Licensing (Application & Modification Procedure) Regulations, 1999,
Constitution of Pakistan, 1973
|
| Sections |
25,
18,
4,
5,
10,
18,
21,
21,
7,
8,
21
|