SHUJABAD AGRO INDUSTRIES (PVT.) LTD. vs FEDERATION OF PAKISTAN through Secretary Ministry of Energy (Petroleum

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SHUJABAD AGRO INDUSTRIES (PVT.) LTD. VS FEDERATION OF PAKISTAN through Secretary Ministry of Energy (Petroleum Division) S. 21---Specific Relief act (I of 1877), Ss. 42 & 54---Constitution of Pakistan, arts. 25, 97 & 154 (1)---Natural Gas allocation and Management Policy, 2005---Suit for declaration and injunction---Gas allocation policy---Federal Government, jurisdiction of---Discrimination---Plaintiffs/consumer companies were aggrieved of policy issued by Federal Government regarding allocation and management of natural gas supply during winter season---Plaintiffs/ consumer companies contended that they were discriminated as the policy for consumers of SNGPL was different than those of SSGPL---Validity---Policy for gas envisaged under art. 154(1) of the Constitution was separate from the policy which Federal Government could make in exercise of its executive authority under art. 97 of the Constitution read with S. 21 of Oil and Gas Regulatory authority Ordinance, 2002---Former could be made for special purposes of maintaining relations between Federating Units or the Federation and the Federating Units, while the latter was made as a strategy to allocate and manage gas-supply to various categories of consumers---Due to fluctuations in demand and supply of gas year round and dwindling gas reserves, the latter policy needed to be revisited and adjusted frequently---Such policy-making was not intended for Council of Common Interest---Overlap could occur between two types of policies and was to be examined in a case that would present such an overlap---Gas policy made by Federal Government was not in conflict with any gas policy made by Council of Common Interest---Natural Gas allocation and Management Policy, 2005, was within the legal competence of Federal Government and not the Council of Common Interest---Revision of such policy by Federal Government by notification in question did not violate art. 154(1) of the Constitution---Comparison drawn by plaintiffs/consumer companies between supply of gas by SNGPL and SSGPL to plead discrimination was not a comparison in same circumstances, especially when the gas-supply contracts between plaintiffs/consumer companies and SSGPL permitted the SSGPL to make a complete gas-closure during winter months---Gas closure notice dated 10-12-2021 issued by SSGPL did not violate Federal Government's Gas Load Management Plan for Winter 2021-22---Suit was dismissed, in circumstances.

SHUJABAD AGRO INDUSTRIES (PVT.) LTD. vs FEDERATION OF PAKISTAN through Secretary Ministry of Energy (Petroleum Division) S — 2024 PLD 217 KARACHI-HIGH-COURT-SINDH

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