Gujarat High Court
Dhrangadhra Prakruti Mandal Through ... vs Union Of India Through on 3 December, 2013
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya
DHRANGADHRA PRAKRUTI MANDAL THROUGH VICE PRESIDENT....Applicant(s)V/SUNION OF INDIA THROUGH SECRETARY C/MCA/2477/2012 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION (FOR DIRECTION) NO. 2477 of 2012 In WRIT PETITION (PIL) NO. 47 of 2011 ================================================================ DHRANGADHRA PRAKRUTI MANDAL THROUGH VICE PRESIDENT....Applicant(s) Versus UNION OF INDIA THROUGH SECRETARY & 11....Opponent(s) ================================================================ Appearance: MR AMIT M PANCHAL, ADVOCATE for the Applicant(s) No. 1 DELETED for the Opponent(s) No. 12 MR KAMAL B TRIVEDI, AG WITH MR PARTH BHATT, ASST.GOVERNMENT PLEADER for the Opponent(s) No. 2 - 3 MR UDAY JOSHI FOR M/S TRIVEDI & GUPTA, ADVOCATE for the Opponent(s) No. 5 MR ASPI M KAPADIA, ADVOCATE for the Opponent(s) No. 7 MR BIREN A VAISHNAV, ADVOCATE for the Opponent(s) No. 4 MR IH SYED, ADVOCATE for the Opponent(s) No. 1 MR NEERAJ SONI, ADVOCATE for the Opponent(s) No. 10 MS ANUJA S NANAVATI, ADVOCATE for the Opponent(s) No. 6 MS MINOO A SHAH, ADVOCATE for the Opponent(s) No. 11 NOTICE SERVED BY DS for the Opponent(s) No. 2 - 3 , 6 , 8 - 9 ================================================================ CORAM: HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA and HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 03/12/2013 ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA) Pursuant to our earlier order, the matter has appeared today.
Mr. Aspi Kapadia, the learned advocate, appearing on behalf of the respondent no.7 points out to us that his client has received a letter and e-mail from the Ahmedabad Zonal office of GAIL [India] Ltd., the respondent no.5, providing the details of the quantities and delivery point of APM/PMT gas supply which is proposed at Hazira/Suvali in Gujarat. It is, however, pointed out that the proposed arrangement is technically not feasible as GSPC Gas Company cannot off-take this APM/PMT gas from Hazira/Suvali, where delivery pressure is 35-45 bar and there is no arrangement to connect and flow the gas into GSPL high pressure gas grid to which GSPL gas retail networks are connected.
According to Mr. Kapadia, this issue can be resolved by invoking the guidelines on swapping of natural gas issued by MoPNG [Ref.L-12011/10/2011-GP dated 14th March, 2012]. Mr. Kapadia contends that as GAIL [India] Limited is having a pan India pipeline connectivity including at Dahej, his client requested the MoPNG to direct the GAIL [India] Limited to swap the proposed gas from Hazira/Suvali to Dahej, Bharuch and deliver gas at the point of interconnection between PLL Terminal at Dahej and the GSPL pipeline network, from which the GSPC Gas can off-take the gas from the GSPL grid.
It appears that the above request has already been made vide letter dated 30th November, 2013, but till date, no answer has been given. Our attention has also been drawn to the guidelines on swapping of natural gas issued by the Ministry of Petroleum and Natural Gas. Mr. Kapadia submits that his client is ready and willing to follow the guidelines prescribed therein.
Mr. Uday Joshi, the learned advocate appearing on behalf of the GAIL [India]-respondent no.5, however, submits that to resolve the aforesaid dispute, the matter may be placed on Tuesday with the assurance that the problem will be solved after having meetings with the officials of the GSPL.
In the affidavit of compliance filed by the respondent no.1, it has been specifically mentioned in clause [x] of the Annexure-R-I dated 14th November, 2013, that in order to operationalize the above arrangement, the GAIL [India] would enter into necessary swapping arrangements with other entities wherever required.
After the respondent no.1 has made such undertaking, we do not find any reason for GAIL to deviate from the said undertaking knowing full well that physically it is not possible to supply APM/PMT gas from the delivery pressure of 35/45 bar to a high pressure gas grid maintained by GSPL, and if the respondent no.5 decides to connect and flow the gas through the delivery pressure of 35/45 bar which is technically not feasible, it amounts to violation of our order.
Be that as it may, as prayed for by Mr. Joshi, the learned advocate appearing on behalf of the GAIL [India], we fix the matter on Tuesday, so that the matter can be sorted out in the meantime, pursuant to the affidavit of compliance given by the respondent no.1.
If the dispute is not resolved by Tuesday, 10th December, 2013, the Secretary, Ministry of Petroleum and Natural Gas, New Delhi, will remain personally present before the Court on the next date.
Let the matter on 10th December, 2013.
(BHASKAR BHATTACHARYA, CJ.) (J.B.PARDIWALA, J.) pirzada Page 4 of 4