Adani Gas Limited vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 555

UDAY UMESH LALIT, S.RAVINDRA BHAT, HRISHIKESH ROY
Adani Gas Limited – Appellant
Versus
Union of India – Respondent

Advocates appeared:
For the Parties : Mr. Harish N. Salve, Sr. Adv. Mr. Dhruv Mehta, Sr. Adv. Ms. Ruby Singh Ahuja, Adv. Mr. Sandeep Singhi, Adv. Ms. Deepti Sarin, Adv. Ms. Swikriti Singhania, Adv. Mr. Navandeep Matta, Adv. Mr. Shamik Bhatt, Adv. M/s. Karanjawala & Co., AOR Mr. Piyush Joshi, Adv. Mr. Senthil Jagadeesan, AOR Ms. Sumiti Yadava, Adv. Ms. Sonakshi Malhan, Adv. Mr. Utkarsh Sharma, AOR Mr. Mohit Budhiraja, Adv. Ms. Pinki Mehra, Adv. Ms. Shipra Malhotra, Adv. Ms. Kaveri Vats, Adv. Mr. Saurabh Aggarwal, Adv. Mr. Deepayan Mandal, AOR Mr. Anshuman Choudhary, Adv. Mr. E. C. Agrawala, AOR Mr. Raj Bahadur Yadav, AOR Mr. Ashish Kumar Tiwari , AOR Ms. Divya Roy, AOR Ms. Madhumita Bhattacharjee, AOR M/s. Khaitan & Co., AOR

JUDGMENT :

S. RAVINDRA BHAT, J.

1. Special leave granted. These appeals were heard with the consent of counsel appearing on behalf of the parties. The appeals are directed against a judgment of the Gujarat High Court,¹[Dated 28.09.2018.] rejecting certain writ petitions.

2. In those proceedings, the main appellant (hereafter called “Adani”) challenged the validity of Regulation 18 of the Petroleum and Natural Gas Regulatory Board (Authorizing Entities to Lay, Build, Operate or Expand City or Local Natural Gas Distribution Networks) Regulations, 2008 (hereafter called the “CGD Regulations”) as violative of Articles 14 and 19(1)(g) of the Constitution of India, and ultra vires Section 16 of the Petroleum and Natural Gas Regulatory Board Act, 2006 (hereafter called the “PNGRB Act” or “the Act”). Adani had also challenged the grant of authorization to the third respondent (hereafter called “Gujarat Gas”) for laying and maintaining a gas distribution network. Gujarat Gas had succeeded in securing the authorization in an auction held by the Petroleum and Natural Gas Regulatory Board (hereafter called “PNGRB” or “the Board”).

Background

3. The PNGRB Act came into effect on 1.10.2007, and manda

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2021 Supreme(SC) 555

UDAY UMESH LALIT, S.RAVINDRA BHAT, HRISHIKESH ROYAdani Gas Limited – AppellantVersusUnion of India – Respondent

UDAY UMESH LALIT, S.RAVINDRA BHAT, HRISHIKESH ROY
Adani Gas Limited – Appellant
Versus
Union of India – Respondent