VOICE OF INDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) With consent of parties both the writ petitions being W.P.(C) 8415/2009 and 9022/2009 are being disposed of by a common judgment. While W.P.(C) 8415/2009 has been filed in public interest under Article 226 of Constitution challenging the illegal and arbitrary manner in which the affairs of Petroleum and Natural Gas Regulatory Board (hereinafter referred to as "Board") constituted by the Central Government under the Petroleum and Natural Gas Regulatory Board Act, 2006 (hereinafter referred to as "PNGRB Act") are being run by its Chairman, W.P.(C) 9022/2009 has been filed seeking quashing of public notice dated 13th February, 2009 inviting bids from interested parties for development of City Gas Distribution (hereinafter referred to as "CGD") in Ghaziabad and also for quashing of the order/letter dated 19th March, 2009 by virtue of which Indraprastha Gas Limited's application for authorisation in Ghaziabad has been rejected.

(2.) Mr. Prashant Bhushan, learned counsel for petitioner in W.P.(C) 8415/2009 submitted that in the absence of non-notification of Section 16 of the PNGRB Act, the Board constituted under the said Act had no power to grant authorisation to entities which had applied to the Board for Laying, Building, Operating or Expanding City or Local Natural Gas Distribution Networks. Mr. Bhushan drew our attention to Sub-section 3 of Section 1 of PNGRB Act, which stipulated that the said Act shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. He stated that the said Sub-section clearly postulated that different dates could be appointed for coming into force of different provisions. Sub-section 3 of Section 1 of PNGRB Act reads as under:-

(3.) Mr. Bhushan also drew our attention to the Gazette Notification dated 1st October, 2007 issued by the Ministry of Petroleum & Natural Gas. According to the said Notification, PNGRB Act came into force on 1st day of October, 2007, except Section 16 thereof. The said Gazette Notification reads as under:-