1/2012 J.M OGRA Sui Southern Gas Company (Applicant) V/S Oil & Gas Regulatory Authority & another (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
1/2012 J.M OGRA Sui Southern Gas Company (Applicant) V/S Oil & Gas Regulatory Authority & another (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 03-NOV-16
The jurisdiction under section 12(2) of Ordinance 2002 is limited to the extent that this Court could only apply judicial view as to whether the procedural requirement as required under Ordinance 2002, Rules and the Licenses have been followed. This Court cannot sit as a Court of appeal and consider those details which the OGRA has undertaken. This Court is neither concerned with the policy nor with the rates. The price fixation mechanism is not a function which is to be undertaken by this Court, off course to the extent where the procedural requirements have been flouted, the Court may provide indulgence. In the given frame this Court has minutely seen all such procedural requirements which were undertaken and considered by the regulatory authority. These specialized performances which are assigned to regulatory authority could hardly be undertaken by this Court in exercise of their judicial discretion. Judicial intervention in the instant matter is required only where the person aggrieved i.e. SSGCL could show that the tariff fixation is a procedure bypassed, arbitrary and ultra vires. It could only then if the statutorily prescribed procedure is not followed, a tariff could be held ultra vires to be remanded back.