31/2019 M.A. M/s. Mehran Oils (Pvt) Limited (Appellant) V/S Oil & Gas Regulatory Authority (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar(Author)
Order Date: 18-MAY-20
(a) Oil and Gas Regulatory Authority Ordinance (XVII of 2002)--- ----S.12(2)---Appeal---Regulating activity---Scope---When decision is 'concerning a regulating activity' which adversely affects licensee, the aggrieved licensee can approach High Court as no other adequate remedy is provided in Oil and Gas Regulatory Authority Ordinance, 2002 to deal with such decision of Authority. (b) Oil and Gas Regulatory Authority Ordinance (XVII of 2002)--- ----Ss. 12(2) & 45---Pakistan Oil and Gas (Refining, Blending, Transporting, Storage and Marketing) Rules, 2016, R. 12(1)(c), Schedule-V, Part-A---Appeal---Existing blending plant---Phrase 'notwithstanding anything contained in the Ordinance'---Scope---Appellant was running lube and oil blending plant prior to promulgation of Oil and Gas Regulatory Authority Ordinance, 2002---Appellant assailed letter issued by Oil and Gas Regulatory Authority imposing additional conditions on its licence---Validity---Use of phrase 'notwithstanding anything contained in the Ordinance' and its repetition in relevant Rule of Pakistan Oil and Gas (Refining, Blending, Transporting, Storage and Marketing) Rules, 2016, indicated that decision and direction contained in letters in question were not applicable to appellant who fell within the category of existing operations/existing blending plants which were in field before commencement of Oil and Gas Regulatory Authority Ordinance, 2002---Non-obstante clause was repeated by Pakistan Oil and Gas (Refining, Blending, Transporting, Storage and Marketing) Rules, 2016,making the Authority while making Rules in exercise of powers conferred on the Authority wherever it referred to the existing lubricant blending plant, which amounted to acknowledgement of the Authority that Oil and Gas Regulatory Authority Ordinance, 2002 and Pakistan Oil and Gas (Refining, Blending, Transporting, Storage and Marketing) Rules, 2016, would not affect or apply on existing Lube Oil blending plant---High Court refrained the Authority from applying additional condition on the licensees to whom licences were granted under R.13 of Pakistan Oil and Gas (Refining, Blending, Transporting, Storage and Marketing) Rules, 2016, including appellant as they were already carrying out regulated activities of running lube oil blending plants immediately before commencement of Pakistan Oil and Gas Regulatory Authority Ordinance, 2002, and requirement of Part-A of Schedule-V of R. 12 (1)(c) of Oil and Gas (Refining, Blending, Transporting, Storage and Marketing) Rules, 2016,were not enforceable against them---Appeal was allowed in circumstances.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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