IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

APPEAL NO. 18 OF 2023 & IA No. 1452 OF 2022 th Dated: 8 May, 2024 Present: Hon'ble Dr. Ashutosh Karnatak, Technical Member (P&NG)

Hon'ble Mr. Virender Bhat, Judicial Member In the matter of:

GUJARAT GAS LIMITED Through Mr. Ajitpal Singh, Manager Having Registered Office at:

Gujarat Gas CNG Station, Sector 5C Gandhi Nagar – 382006, Gujarat Email:Ajitpal.Singh@GUJARATGAS.com Phone: +917573018733 ... Appellant Versus PETROLEUM AND NATURAL GAS REGULATORY BOARD Through The Secretary, PNGRB, st

1 Floor, World Trade Centre, Babar Road, New Delhi – 110 001 Email: secretary@pngrbgov.in Phone: 9312061203 ... Respondent Counsel for the Appellant(s) : Piyush Joshi Sumiti Yadava Counsel for the Respondent(s) : Rahul Sagar Sahay Sanskriti Bhardwaj Kartikey Joshi Harshita Tomar Suyash Gaur Arun Sanwal JUDGEMENT PER HON’BLE DR. ASHUTOSH KARNATAK, TECHNICAL MEMBER The present appeal is being filed u/s 33 of the PNGRB Act, 2006 by the Appellant and has sought following relief:-

1 Allow the present Appeal and set aside the Impugned order dated

26.07.2022 in case no. Legal/29/2021 issued by the PNGRB/Respondent;

and aa) Hold that the Impugned Decisions are not applicable to the rd Geographical Areas authorised under Regulation 3 CGD Bid Round or awarded prior to 06.04.2018; and

2 Direct the Respondent to provide due opportunity to the Appellant to make its submissions and provide an opportunity to be heard in relation to the Amended Review Petition as was amended vide the application for amended permitted vide Order dated 05.07.2022; and

3 Set aside the findings in Para 31 and 35 of Impugned Order that there was failure to achieve MWP since the review proceedings were not proceedings under Regulation 16 CGD Authorisation Regulations, which are mandatory to make a determination in relation to any failure to achieve MWP targets; and

4 Direct the Respondent to provide the Appellant with the source of the data in Tables, V, VI, VII stated in the Impugned Order and allow suitable time and opportunity to the Appellant to make its submissions in respect thereof;

and

5 Direct the Respondent that in light of the Hon’ble High Court of Delhi’s Orders dated 11.10.2021 and 18.08.2021 in Gujarat Gas Limited v. PNGRB (LPA 254/2021), the Respondent cannot make assumption that the period of exclusivity from the purview of the contract carrier or common carrier has expired in respect of the (i) Jamnagar (GA ID 3.03) (ii)

Bhavnagar GA (GA ID 3.02) (iii) Kutch(West) GA (GA ID 304); and

6 Hold that in order for an order to be a valid order of the Respondent Board, the members hearing and deciding a petition must place their signature to the Order at the time of pronouncing the Order and certified copy of the Order or decision must have the signature of the Members who had heard and decided the petition; and

7 Pass such other orders or further orders, which the Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case.

1.0 Facts of the case

1.1 The Appellant i.e. the GSPC Gas Company Limited (“herein referred to as GSPC”) had been granted authorization vide letter(s) dated 17-01-2014 of Jamnagar GA, 05-03-2014 of Bhavnagar GA, and 19-12-2014 of Kutch (West) GA and the terms and conditions were duly accepted by GSPC on 28-01- 2014 for Jamnagar GA, 13-03-2014 for Bhavnagar GA and 26-12- 2014 for Kutch (West) GA in pursuance of the 3rd CGD Bidding Round as per the provision of the PNGRB Act as well as the Regulation 5 and 10(1) (Authorizing Entities to Lay, Build, Operate or Expand City or Local Natural Gas Distribution Networks) Regulations, 2008.

1.2 Respondent, PNGRB i.e. Petroleum and Natural Gas Regulatory Board (The Board) is a statutory body constituted under the provisions of the Petroleum and Natural Gas Regulatory Board Act, 2006 (“PNGRB Act”) notified via gazette notification dated st

31 March 2006 to regulate “the refining, processing, storage, transportation, distribution, marketing and