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2970/2021 Suit SHUJABAD AGRO INDUSTRIES (PT.) LTD. (Plaintiff) V/S FEDERATION OF PAKISTAN & OTHERS (Defendant)

Sindh High Court2022

Bench: Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author)

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2970/2021 Suit SHUJABAD AGRO INDUSTRIES (PT.) LTD. (Plaintiff) V/S FEDERATION OF PAKISTAN & OTHERS (Defendant) Sindh High Court

Bench: Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author) Order Date: 04-MAR-22

Policy-making by the CCI under Article 154(1) is in a different sphere than policy-making by the Federal Government in the exercise of its executive authority under Article 97. The Natural Gas Allocation & Management Policy, 2005 was within the legal competence of the Federal Government and not the CCI. Under the GSAs between the Plaintiffs and the SSGC, the Plaintiffs cannot assert a right to receive gas for industrial use during the months of December, January and February. Article 158 of the Constitution exists as a prerogative of a Provincial Government, and therefore it does not give actionable cause to a person other than the concerned Provincial Government to invoke the same.

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