IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

APPEAL NO. 16 OF 2023 & IA NO. 1450 of 2022 th Dated: 26 April, 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 Gandhinagar – 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 Puneet Sharma 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:-

a) Allow the present Appeal and set aside the Impugned Order-1 No.

Legal/34/2021 dated 02.08.2022, Impugned Orders- 2 dated 24.11.2020 and Impugned Orders-3 dated 17.05.2022 issued by the PNGRB/Respondent;

and b) In light of the Respondent Board’s decision to accept covid-19 pandemic as a force majeure, the Respondent Board has already recognised the impact of the Covid-19 pandemic on the implementation of the works relating to the milestones submitted under the Catch-Up Plans, and Respondent Board be directed to extend the Catch Up Plan period by the duration of the covid-19 pandemic and accordingly extend by two (2) years, the ‘Minimum Work Programme’ provided to the authorisations for the Geographical Areas of (i)

Amritsar, and (ii) Bhatinda;

Or, in the alternate c) Set aside the findings in Para 33 and 36 of Impugned Order-1 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 d) 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 seeking permission to amend the Review Petition taken on record vide Order dated

05.07.2022; and e) Direct the Respondent to duly consider and decide the force majeure of the farmers’ agitation which amounts to a civil commotion that was notified by the Appellant; and f) Direct the Respondent to provide the Appellant with the source of the data in table stated in Para 33 of the Impugned Order-1 and allow suitable time and opportunity to the Appellant to make its submissions in respect thereof; and g) 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 h) Pass such other orders or further orders, which this 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 Gujarat Gas Limited (earlier known as GSPL Gas Limited) had been grated authorization vide letter(s) dated 05.05.2015 for Amritsar and for Bhatinda GA (Punjab) on th

10.05.2016 excluding areas already authorized pursuant to the 4 th and 6 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 which was duly accepted on

15.05.2015 and 19.05.2016 respectively.

1.2 Respondent, PNGRB i.e. Petroleum and Natural Gas Regulatory Board (The Board) is a statutory body constituted under the provisions of