IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

APPEAL No. 588 of 2023 &

IA No. 1020 OF 2023 &

IA No. 281 OF 2024 Dated: 08.05.2024 Present: Hon’ble Dr. Ashutosh Karnatak, Technical Member (P&NG)

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

SABARMATI GAS LIMITED Through Mr. Milap Dholakia, Manager (Legal)

Plot No. 907, Sector 21, Gandhinagar, Gujarat – 382021 Email: milap.d@gspc.in … Appellant(s)

Versus

1. PETROLEUM AND NATURAL GAS REGULATORY BOARD Through the Secretary

1^st Floor, World Trade Centre, Babar Road, New Delhi – 110001 Email: secretary@pngrb.gov.in

2. HINDUSTAN PETROLEUM CORPORATION LIMITED Through K.V. Sreenivas Raju Chief General Manager – CGD Projects Petroleum House, 17 Jamshedji Tata Road, Churchgate, Mumbai, Maharashtra – 400020, India Email: kvsraju@hpcl.in … Respondent(s)

Counsel for the Appellant(s) : M.G. Ramachandran Sr. Adv.

Piyush Joshi Sumiti Yadava for App.1 Counsel for the Respondent(s) : Arun Sanwal Utkarsh Sharma Tanuja Dhoulakhandi Mohit Budhiraja Sanskriti Bhardwaj Suyash Gaur Harshita Tomar Kartikey Joshi for Res. 1 Sacchin Puri Sr. Adv.

Matrugupta Mishra Swagitika Sahoo Ritika Singhal Vignesh Srinivsan Nipun Dave Ishita Thakur Sonakshi for Res. 2 J U D G M E N T PER HON’BLE MR. VIRENDER BHAT, JUDICIAL MEMBER

1. The appellant M/s Sabarmati Gas Limited is a joint venture between Bharat Petroleum Corporation Limited (BPCL) and Gujarat State Petroleum Corporation Limited (GSPCL). It is the authorized entity for laying, building, operating or expanding city / local gas distribution network in Sabarkantha, Mehsana and Gandhinagar Geographical Area (GA) vide authorization dated 16.12.2009 duly accepted by the 1^st respondent Petroleum and Natural Gas Regulatory Board (hereinafter referred to as “PNGRB” or the “Board”) under Regulation 17 of Petroleum and Natural Gas Regulatory Board (Authorizing Entities to Lay, Build, Operate or Expand City or Local Natural Gas Distribution Networks) Regulation, 2008 (hereinafter referred to as “CGD Authorization Regulations”).

2. The 2^nd respondent Hindustan Petroleum Corporation Limited (HPCL) is a public sector undertaking engaged in the business of refining of crude oil and marketing of petroleum products, production of hydrocarbons etc. having its registered office at Petroleum House, Churchgate, Mumbai, Maharashtra.

3. The 1^st respondent i.e. PNGRB, vide letter dated 18.08.2008, had issued provisional clearance to 2^nd respondent HPCL to operate 06 Daughter Booster CNG Stations in the city of Ahmedabad in order to avoid inconvenience to CNG customers. It appears that the HPCL has commissioned one of these Daughter Booster CNG Stations under the name and style of M/s Auto Care Centre at Oram, NH-8, Taluka Prantij District Sabarkantha.

4. On 24.11.2017, the appellant wrote to the 2^nd respondent HPCL stating that appellant was the authorized entity for Sabarkantha, Mehsana, and Gandhinagar (SGL GA) and the Daughter Booster CNG Station namely M/s Auto Care Centre in Taluka Prantij District Sabarkantha was encroaching upon its authorized area and asked HPCL to handover the same to it. It was also contended by the appellant that the HPCL is operating the said CNG Station without any authorization.

5. Subsequently, the appellant also wrote to the Board regarding the said unauthorized CNG Station being operated by 2^nd respondent.

6. Since, the appellant did not receive any response either from the 2^nd respondent or from the Board, it submitted a formal complaint in this regard to the Board alleging infringement of its rights including infrastructure as well as marketing exclusivity under the CGD Authorization Regulations in the said GA by the 2^nd respondent. It sought a direction to the 2^nd respondent to handover the said CNG Station under the name and style of M/s Auto Care Centre at Taluka Prantij, District Sabarkantha to it as well as other ancillary reliefs.

7. The Board took note of the minutes of meeting dated 10.08.2022 held between the officials