IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

APPEAL No. 298 OF 2023 & IA Nos.112, 706 & 2164 OF 2023 Dated : 8^th May, 2024 Present: Hon’ble Dr. Ashutosh Karnatak, Technical Member (P&NG)

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

APPEAL No. 298 of 2023 THINK GAS BHOPAL PVT. LTD.

Through: Mr. Siddhesh Redkar, Senior Vice President (Legal and Compliance)

Having registered office at:

A-49, Ground Floor, Lane No. 1 Guru Nanak Pura, Laxmi Nagar, East Delhi, Delhi – 110092 Email: siddhesh.redkar@think-gas.com Mobile: 9867508045 … Appellant(s)

Versus PETROLEUM & NATURAL GAS REGULATORY BOARD Through The Secretary

1^st Floor, World Trade Centre, Babar Road, New Delhi – 110001 Email: secretary@pngrb.gov.in Mobile: + 919312061203 … Respondent (s)

Counsel for the Appellant(s) : Piyush Joshi Sumiti Yadava for App.1 Counsel for the Respondent(s) : Sumit Kishore Tanuja Dhoulakhandi Mohit Budhiraja Kartikey Joshi Harshita Tomar Sanskriti Bhardwaj Suyash Gaur for R.1

JUDGMENT

PER HON’BLE MR. VIRENDER BHAT, JUDICIAL MEMBER

1. The Consortium of Think Gas Investment Pte. Limited and Think Gas Distribution Private Limited had emerged as successful bidder in the competitive bidding process at the 9^th CGD bidding round for the geographical area of Bhopal and Rajgarh District (Bhopal and Rajgarh GA). The authorization was granted to the Consortium on 24^th September, 2018 for laying, building, operating, maintaining and expanding city gas distribution network (”CGD” Network) in the said GEOGRAPHICAL AREAS. Later on, the authorization was transferred in the name of the Appellant on 16^th May, 2019.

2. The work programme that was submitted by the above named consortium in its successful bid for the said GA had identified the Mallavaram-Bhopal-Bhilwara-Vijaipur Natural Gas Pipeline (hereinafter referred as “MBBPVL”) as a source of tap off point as the hook up point and source of natural gas for the charged areas located in Bhopal District. The work programme for laying of steel pipeline of 2508 inch-kilo meter over 8 years was based on development of two pipeline networks - one for Rajgarh District originating from the GAIL’s Tap Off at IP-06 and the second pipeline network for Bhopal District originating from MBBVPL Tap Off Point that was to be near Bhopal city part of Bhopal District.

3. Here it needs to be noted that the Respondent-Board vide letter dated 7^th July, 2011 had granted authorization for the MBBVPL to M/s Gujarat State Petromet Limited. On 27^th July, 2012, the letter of authorization was amended in favour of M/s. GSPL India Transco Limited (herein after referred as “GITL”).Vide letter dated 15^th September, 2014, the Respondent-Board amended clause 2 of the letter of authorization granted to GITL for MBBVPL. The Ministry of Petroleum and Natural Gas issued notifications dated 8^th September, 2014, 13^th August, 2014 and 30^th July, 2017 relating to acquisition of Right of Way (RoW) for MBBVPL in the State of MP. Manifestly, it was before the bid submission date for 9^th CGD bidding round. MBBVPL was being shown as common carrier pipeline on the gas infrastructure map on the website of the Respondent-Board.

4. Vide letter dated 21^st June, 2019, the Respondent Board had extended the time period for completion of MBBVPL till March, 2020. It was made clear in the said communication that if further extension of the gas pipeline is not granted, the balance portion of the pipeline which would include till Bhopal District, could be terminated following the applicable Regulations. Some portions of the said letter dated 21^st June, 2019 were challenged by GITL before this Tribunal in Appeal No. 265 of 2019 titled GSTPL Transco Ltd. vs. P&NGRB & Anr. In the Judgement dated 15^th November, 2019 passed by this Tribunal in the said appeal, it was recorded that the pipeline MBBVPL was still under construction and GITL had developed the first phase of the pipeline with length of 363 kilometers originating from Kunchanapalli but full line