restrictive trade practice, defeating the purpose
of SEZ Act and PNGRB Act.
7. The respondent No.2 M/s.OPAL has also filed
detailed affidavit ... point and the tariff applicable as per
specific zone under the PNGRB Act 2006 is agreed
by the parties. The CTs are executed
Petroleum and
Natural Gas Regulatory Board Act, 2006 (" PNGRB Act ") to
regulate "the refining, processing, storage, transportation,
distribution, marketing and sale ... Petroleum and Natural Gas Regulatory Board Act, 2006
(" PNGRB Act ") in light of the order of the Delhi High Court
dated
Petroleum and
Natural Gas Regulatory Board Act, 2006 (" PNGRB Act ") to
regulate "the refining, processing, storage, transportation,
distribution, marketing and sale ... immediate effect."
iv. Thus, much before the enactment of the PNGRB Act,
2006 , GAIL had been tasked by the Supreme Court
to supply
Petroleum and Natural Gas
Regulatory Board Act, 2006 (" PNGRB Act ") to regulate
"the refining, processing, storage, transportation,
distribution, marketing and sale ... principles of
natural justice under section 13 (3) of the PNGRB
Act, 2006 has no merit as the Board gave repeated
opportunities to the Appellant
Petroleum and Natural Gas Regulatory Board Act, 2006 ("the
PNGRB Act ").
3. The Board has in the impugned order merely recorded the
submissions ... Appellant drew our attention to Section 25(3) of the PNGRB Act.
It reads thus:
"25. Filing of complaints:-
(1) A complaint
various provisions of the Act.
5. In exercise of the powers conferred by Section 61 of the Act, PNGRB
made the impugned regulations ... procedure laid down in Section 20 of the Act. However, PNGRB has
not initiated the procedure as envisaged in Section 20 of the Act till
Petroleum and Natural Gas
Regulatory Board Act, 2006 (" PNGRB Act ") to regulate
"the refining, processing, storage, transportation,
Page 2 of 49
APPEAL ... Natural Gas Regulatory
Board (PNGRB) Act, 2006 (hereinafter referred
to as the Act) and, thus, no authorization from
PNGRB is required for setting
Petroleum and Natural Gas
Regulatory Board Act, 2006 (" PNGRB Act ") to regulate
"the refining, processing, storage, transportation,
distribution, marketing and sale ... Natural Gas Regulatory Board (PNGRB) Act, 2006
(hereinafter referred to as the Act) and, thus, no
authorization from PNGRB is required for setting
Through Mr.Prashant Bezboruah and
Mr.Rakesh Dewan, Advocates for R-1/PNGRB.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE ... terms of the Petroleum and Natural Gas
Regulatory Board Act, 2006 (PNGRB Act, 2006 ) is authorized to frame
various regulations. One of the regulations which
PNGRB (Determination of Natural
Gas Pipeline Tariff) Regulations, 2008 (hereinafter referred to as 'the
Determination of Tariff Regulations, 2008') and (iii) PNGRB (Guiding ... Supreme Court in PNGRB vs. IGL (supra) the impugned
Regulations are liable to be declared ultra vires the PNGRB Act .
7. The said writ petition
