ORDER

% 21.05.2024 CM APPL. 30786/2024 (Exemption) Allowed, subject to all just exceptions.

W.P.(C) 7373/2024 & CM APPLs. 30785/2024, 30787/2024

1. The Petitioner has approached this Court with the following prayers:-

“a) Issue appropriate writ, order or directions and declare that in light of the application-cum-bid documents and route map issued for Mehsana- Bhatinda Pipeline as part of the competitive bid process for grant of authorisation for Mehsana- Bhatinda Pipeline, all the gas volumes to HPCL-Mittal EnergyLtd.’s refinery, Bhatinda have to be transported by Mehsana- Bhatinda Pipeline; or in the alternate, direct that the bid out tariff for the Mehsana-Bhatinda pipeline shall stand increased by 30% (thirty percent) to duly compensate the Petitioner for the loss of volumes of gas to be transported to HPCL-Mittal Energy Ltd.’s refinery. b) Issue appropriate writ or directions declaring that common carrier natural gas pipelines have natural monopoly to be the only common carrier natural gas pipeline along its authorised route and within its applicable tariff zone and have the vested right, subject to applicable law, to connect to customers located along the route of the pipeline and falling within the tariff zone of the concerned common carrier or contract carrier;

c) Issue appropriate writ or directions to PNGRB/R-1 and Gail (India) Limited/R-2, and declare that pipeline laid by Gail (India) Limited/R-2 to connect the Dadri- Bawana-Nangal pipeline to premises of HPCL-Mittal Energy Limited’s refinery at Village Phullokhari, Bhatinda, Punjab is unauthorised and illegal and is in violation of the PNGRB Act and applicable regulations;

d) Issue appropriate writ or directions to PNGRB/R-1 to ensure that Gail (India) Limited/R-2 stops operation of its unauthorised pipeline once the Petitioner notifies that it has connected its spur line with HPCL-Mittal Energy Limited’s premises;

e) Issue appropriate writ or directions to PNGRB/R-1 to ensure that the CAPEX and OPEX of the GAIL (India) Limited’s unauthorised pipeline to HPCL Mittal Energy Limited’srefinery is not considered as part of the CAPEX and OPEX of Dadri-Bawana- Nangal Pipeline in any manner;

f) Issue appropriate writ or directions to the PNGRB/R-1 that Members who are former directors of GAIL/R-2 cannot participate in meetings where matters involving GAIL/R-2 are being considered nor can they in any manner decide matters involving GAIL/R-2 or its competitors;

g) Issue appropriate writ or directions to PNGRB/R-1 that officers or consultants of PNGRB/R-1 who are employees of GAIL/ R-2 should not be involved in or participate in or provide any decision or papers or noting in matters involving GAIL/ R-2 or its competitors;

h) Issue appropriate writ or directions to PNGRB/R-1 setting aside unilateral letter dated 28.02.2020 which is not even available in public domain and has been issued by the PNGRB/R-1 to GAIL/R-2 permitting it to lay spur lines without a separate approval and direct PNGRB/R-1 to act in accordance with mandate of s.

19(2) PNGRB Act while issuing authorisations or providing any clarifications relating to authorisations, after public consultation in accordance with the mandate under s.13(3) PNGRB Act;

i) The Hon’ble Court be pleased to issue such other directions, orders, injunctions, as the Hon’ble Court may determine in light of the facts and circumstances of this case;”

2. It is the submission of the Petitioner that the Petitioner has laid down Mehsana-Bhatinda Pipeline. It is stated that Gas Authority of India Limited has laid down a pipeline from Ludhiana to Bhatinda and Bhatinda to HMEL without the authorization from the Board which is in contravention of the rights of the Petitioner as guaranteed in the bid document under which the Petitioner has laid down its pipeline and Regulation 2(1)(h)(ii) of the Petroleum and Natural Gas Regulatory Board (Authorizing Entities to Lay, Build, Operate or Expand Natural Gas Pipelines) Regulatio