GAZCON CNG vs OIL AND GAS REGULATORY AUTHORITY Ss — 2022 CLC 1561 ISLAMABAD

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GAZCON CNG VS OIL AND GAS REGULATORY AUTHORITY Ss.6(3), 12(2) & 41---Compressed Natural Gas Marketing Rules, 1992, R.11---Regularization charges---Absence of Rules---Petitioner converted Compressed Natural Gas Station into petrol pump---Authorities imposed Regularization Charges upon petitioner---Plea raised by petitioner was that in absence of rules framed for such purpose, imposing of Regularization Charges was illegal---Validity---Where rules were not framed, enabling provision that had empowered rule making, could not be used as an excuse, not to exercise authority under another provision unless rule-making was condition precedent to such exercise---Provision that empowered Oil and Gas Regulatory Authority to impose levies contained the condition that such imposition would be in accordance with rules---When law had provided certain mode of doing a thing or for taking an action, it had to be done in that manner alone---Imposition of fees and other charges under S.6(3) of Oil and Gas Regulatory Authority Ordinance, 2002, could only be undertaken by the Authority in accordance with rules---Oil and Gas Regulatory Authority was not empowered to impose or to collect any fees or charges under S.6(3) of Oil and Gas Regulatory Authority Ordinance, 2002, without making rules in accordance with S.41 of Oil and Gas Regulatory Authority Ordinance, 2002---Imposition of 'regularization charges' pursuant to S.6(3) of Oil and Gas Regulatory Authority Ordinance, 2002, for unauthorized alteration of works at CNG station by petitioner in violation of R.11 of Compressed Natural Gas Marketing Rules, 1992, without making rules in accordance with S.41 of Oil and Gas Regulatory Authority Ordinance, 2002, was ultra vires---High Court directed the authority to decide application of petitioner afresh and set aside 'regularization charges' imposed on petitioner---Constitutional petition was allowed accordingly.

GAZCON CNG vs OIL AND GAS REGULATORY AUTHORITY Ss — 2022 CLC 1561 ISLAMABAD

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