ABID CNG STATION vs OIL AND GAS REGULATORY AUTHORITY Ss — 2022 PLC(CS) 1169 ISLAMABAD

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ABID CNG STATION VS OIL AND GAS REGULATORY AUTHORITY Ss.12 (2) & 13---Decision regarding regulated activity---High Court, jurisdiction of---Second review---Scope---Applicant was aggrieved of imposing of regularization charges on him by Oil and Gas Regulatory Authority (OGRA) by reviewing its earlier order already passed in review jurisdiction---Validity---For a second review, Oil and Gas Regulatory Authority Ordinance, 2002, did contain any provision--- Review petition under S.13 of Oil and Gas Regulatory Authority Ordinance, 2002, was competent on discovery of new and important matter or evidence which, after exercise of due efforts and diligence, was not in knowledge of party seeking review at the time of hearing of case---In decision in question it was not mentioned as to which new evidence had been discovered or what change in circumstances were that caused OGRA to review its earlier decision--- OGRA's decision to regularize petrol pumps that had been established at CNG Filling Stations without OGRA's permission was already in field when Authority's earlier decision was given---Such circumstance was known to OGRA when decision in question was given and therefore, could not have formed basis for reviewing that earlier decision---Decision in question could not sustained as there was absence of discovery of new evidence or change in circumstances---Power of OGRA to review its earlier decision could be exercised only in the event of change in circumstances or discovery of evidence which could not have reasonably been discovered at the time of decision under review---Such essential condition for exercise of power of review by OGRA was not satisfied---High Court set aside decision of OGRA passed on 24-01-2020 and earlier decision dated 12-06-2018 was restored---Application was allowed accordingly.

ABID CNG STATION vs OIL AND GAS REGULATORY AUTHORITY Ss — 2022 PLC(CS) 1169 ISLAMABAD

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