The central government had sought 16 weeks time to frame a uniform policy to supply CNG under APM to Gujarat and other states. This proposal was opposed by the Gujarat government and the petitioner on whose public interest suit (PIL) the HC had passed the judgement last year. The Supreme Court on September 30 had upheld the Gujarat HC’s judgement of July 25, 2012 directing the Centre to supply CNG to Gujarat for domestic and vehicular purposes under the APM.
The apex court was hearing an appeal by the Centre against the Gujarat HC order.
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On Friday, coming down heavily on the central government, a bench of Chief Justice Bhaskar Bhattacharya and J B Pardiwala said 15 months had passed since it directed the central government to provide CNG to Gujarat at the same rate as Mumbai and Delhi, but nothing had been done.
The court further directed that if the Centre was not able to comply by November 18, the secretary of the ministry of petroleum and natural gas would have to personally appear before it. “We are of the view that after our order has not been interfered with by the Supreme Court, there is no justification in giving further time in implementation of this court's order of July 25, 2012. There can hardly be a necessity of 16 weeks time after over 15 months have passed after this court’s order,” the court said in its order.
“We direct the government of India to implement this court's order positively by November 18. If the decision of the court is not implemented, the secretary, ministry of petroleum and natural gas will personally remain present in the court on November 18,” it added.
During the hearing, assistant solicitor general I H Syed, appearing on behalf of the Union government urged the court for 16 weeks time as in order to comply with the court's order, the central government would require to modify the allocation and distribution of CNG to existing customers. He clarified that the union was not avoiding implementing the court's order. He further said that the new policy will be uniform across all states to avoid any further litigation.
The original PIL was filed in 2011 by one Dhrangadhra Prakrutik Mandal which had alleged discrimination against Gujarat in the allocation of natural gas at APM in comparison with metropolises like Delhi and Mumbai.
It had sought the high court’s direction to the Centre to prioritise and diversify the unutilised natural gas from the non-priority sector to the city gas distribution for their domestic and vehicular usage, as directed by the Supreme Court in one of the cases to reduce the pollution level and cost of living.