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2012 Supreme(Del) 1575

RAJIV SAHAI ENDLAW, A.K.SIKRI
Indraprastha Gas – Appellant
Versus
Petroleum & Natural Gas Regulatory Board – Respondent


Advocates appeared:
For the petitioner:Parag Tripathi, Sr. Adv. with Shiv Kumar Pandey, Tejas, Niraj Pathak, Buddy Ranganathan, Bahar Dhawan, Swati Sharma & Nitesh Jain, Advocates.
For the Respondents:A.S. Chandhiok, ASG with I.S. Alag, J.S. Lamba, Rakesh Dewan & R1 - Rishabh Bhutani, Sachin Datta, CGSC with Abhimanyu Kumar, B.M. Sehgal, Dr. Jatin Thukral, Intervener Advocates.

Judgment :

RAJIV SAHAI ENDLAW, J.

1. The petition impugns,

i) the order dated 9th April, 2012 of the respondent no. 1 Petroleum and Natural Gas Regulatory Board (hereinafter called “Board”);

ii) the Petroleum and Natural Gas Regulatory Board (Determination of Network Tariff for City or Local Natural Gas Distribution Networks and Compression Charge for CNG) Regulations, 2008 (hereinafter called “Tariff Regulations”);

iii) Regulation 17(5) 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 (hereinafter called “Network Regulations”);

iv) Regulation 7 of the Petroleum and Natural Gas Regulatory Board (Code of Practice for Quality of Service for City or Local Natural Gas Distribution Networks) Regulations, 2010 (hereinafter called “Quality Regulations”);

v) Scheme for Consumer Welfare Fund 2011; and,

vi) alternatively in the event of the Board being held to have power to fix network tariff and compression charges, seeks direction for re-fixing thereof by following principles of natural justice.

2. Notice of the petition was issued. Finding the petition to be enta























































































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