GUJARAT RAJYA AUTORIKSHAW FEDERATION Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition in the nature of public interest litigation has been filed by the petitioner Gujarat Rajya Autorickshaw Federation for charging uniform gas price of CNG which is normally used by autorickshaws so that there cannot be any pollution. Earlier writ petitions (PIL) No. 47 of 2011 and 54 of 2011 were filed which were disposed of by this Court with a direction to the Union of India that CNG price be fixed so that citizens residing in the State of Gujarat may also receive CNG at the same rate at which it is made available to the citizens of Mumbai and Delhi. Thereafter, the matter was considered by the Government of India on 3.2.2014. Revised guidelines have been issued to CGD for supply of CNG and PNG at uniform price. Affidavit in reply has been filed by respondent No. 6 GSPC Gas Company Ltd., which is subsidiary of Gujarat State Petroleum Corporation Limited wherein it has been stated in paragraph No. 3 as under: "At the outset I submit that the petition does not merit any interference under Article 226 of the Constitution of India as a public interest litigation. The petitioner's conduct and the autorickshaw drivers whom the petitioner represents is deplorable and disentitles them from seeking any discretionary relief from this Hon'ble High Court under Article 226 of the Constitution of India. After the issuance of the guidelines dated 14.11.2013 by the Union of India (hereinafter referred to as the 'first guidelines') and the issuance of the second guidelines dated 3.2.2014 (hereinafter referred to as the 'second guidelines') for supplying APM/PMT gas for the 100% requirement for CNG for vehicular use, the prices of CNG were brought down drastically by all CGD companies. Originally the prices of CNG were in the range of about Rs. 61.00 to 63.00 per kg. After the second guidelines, the prices of CNG have been reduced by all CGD companies in Gujarat to Rs. 44.90 to Rs. 46.75 i.e. a reduction of about 30%. Despite such a major reduction, the petitioner federation and the various Autorickshaw Owners Associations and the Autorickshaw owners and drivers have not reduced the autorickshaw fare by a single paisa. They have been and continue to pocket the entire margin when they ought to have reduced the autorickshaw fares substantially and passed on the benefit to the customers/public. They are retaining all hefty profit margins to themselves. The petitioner, in the petition is cribbing over trifle issues with oblique motives to enrich themselves further. The petition is therefore not required to be entertained by this Court. In fact the petitioner autorickshaw owners and drivers are required to be directed to reduce the fare forthwith. They are also required to be directed to return the undue benefits taken by them on account of non -reduction of fares, in any appropriate manner as the Hon'ble Court deems fit. Further, the autorickshaw owners and drivers have also requested the local authorities in a few districts to restrict any new registration of autorickshaw so as to avoid competition and reduce the supply in the ever growing urbanisation. This clearly demonstrates their true intention to dominate and pocket more profit rather than aiming to provide benefit and good quality of service to public at large."

(2.) Union of India has also filed affidavit at page No. 255 in which at paragraph No. 4 (at page No. 261) it has been stated as under: "In response to para No. 3.4 it is stated that this is an admitted position, that pursuant to issuance of guidelines dated 3.2.2014, the price of CNG within the State of Gujarat has come at par with the rates prevailing in Delhi and Mumbai. However, w.r.t. the second part related to charging of different rates by different CGD entities, it is stated that under section 2(x) of the PNGRB Act, 2006 'Maximum Retail Price' is defined as 'the maximum price fixed by the entity at which the petroleum, petroleum products and natural gas may be sold to the retail consumers and include all taxes, cess and levies, local or otherwise on freight or commission payable to dealers." Hence, on account of variation in transportation tariff, local supply and distribution cost, entity's margin and State/Local taxes and levies, the price of CNG still varies from one geographical area to another. However, this variation has reduced substantially subsequent to the guidelines dated 14.11.2013 and

(3.) 2.2014." 3. GAIL (India) Limited ­ respondent No. 4 has also filed affidavit in reply wherein in paragraph No. 4 ( at page No. 245) it has been stated as under: "I state and submit that the base price of gas is same for all CGDs. However, transmission charges may vary depending on delivery point and contractual path in line with direction of PNGRB (Petroleum Natural Gas Regulatory Board)."