IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

APPEAL NO. 14 OF 2023 & IA NO. 14 OF 2023 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 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 following relief has been sought:-

a) Allow the present Appeal and set aside the Impugned order dated

02.08.2022 in case no. Legal/27/2021 issued by the PNGRB/Respondent;

and aa) Hold that the Impugned Decisions are not applicable to the Geographical Areas authorised under Regulation 18 CGD Authorisation Regulation or awarded prior to 06.04.2018; and b) 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 c) Set aside the findings in Para 30 and 32 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 d) Direct the Respondent to provide the Appellant with the source of the data in Tables in Para 30 stated in the Impugned Order and allow suitable time and opportunity to the Appellant to make its submissions in respect thereof; and e) 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) Nadiad GA (GA ID 98.04) (ii) Navsari GA (GA ID 98.05) (iii) Rajkot GA (GA ID 98.06) (iv) Surendranagar GA (GA ID 98.07);

and f) 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 g) 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 is the authorized entity for the GAs of (i) Nadiad GA (GA ID

98.04) (ii) Navsari GA (GA ID 98.05) (iii) Rajkot GA (GA ID 98.06) (iv)

Surendranagar GA (GA ID 98.07) under Regulation 18.

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 31 March 2006 to regulate “the refining, processing, storage, transportation, distribution, marketing and sale of petroleum, petroleum products and natural gas excluding production of crude oil and natural gas so as to protect the interest of consumers and entities engaged in specified activities relating to petroleum, petroleum products and natural gas and to ensure uninterrupted and adequate supply of petroleum, petroleum products and natural gas in