HABBA KHATOON FILLING STATIONS Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE two writ petitions one filed by Kashmir Valley Tank Owners/Petroleum Association (OWP no. 281/2007) and the other by forty two (42) Filling Stations of Kashmir Region (OWP no. 485/2007), raise similar issues pertaining to the petitioners demand on the Oil Marketing Companies to provide them Test Kits to find the presence of Marker In the products which was supplied to them by the Oil Companies, besides other reliefs flowing from the main relief. Respondents Oil Marketing Companies and the Union of India have filed their reply to OWP no. 281/2007. Learned counsel appearing for Union of India had requested for treating its reply to OWP no. 281/2007, as reply to OWP no. 485/2007. His request was allowed. With the consent of learned counsel for the parties, these petitions were thus taken up for joint consideration. FACTS:

(2.) FACTS necessary for the disposal of these petitions, which have been taken mainly from OWP no. 281/2007, read thus: - - The case of the petitioners in these two writ petitions is that with the coming into force of the Motor Spirit and High Speed Diesel ( Regulation of Supply, Distribution and Prevention of Malpractices), Amendment Order 2007 And Kerosene (Restriction on Use and Fixation of Sealing price) Amendment Order 2007, the respondents introduced a Marker System to check adulteration in auto fuels. This Marker System envisaged introduction of MARKER in Kerosene on All India basis. In order to determine the presence of a Marker in Kerosene, MS and High Speed Diesel and other petroleum products, a " Test Kit" was devised by the respondents. This Test Kit would accordingly find out the presence or otherwise of the Marker in the Petroleum products when a sample of the product was taken for its check. The Oil Marketing Companies had after thorough discussion formulated Marker Test Procedure, which had been forwarded to all State Retail Heads on 30th of March, 2007. The Marker Testing procedure dated 30th of March, 2007, provided the procedure for observing Marker Testing Procedure at the Retail out lets. In case the test passes, action will be taken against the Retail Out Let dealers as per Marketing Discipline Guidelines.

(3.) IT is stated by the petitioners that with the issuance of Control Orders of 2007, the respondents had amended the Market Discipline Guidelines of 2005, which were in force prior to the Control Orders of 2007. A new chapter relating to introduction of blending of Marker in potential adulterants came to be introduced in the existing guidelines. Chapter 12 of the Marketing Discipline Guidelines, 2005 (Amended), provided that the concerned Oil Marketing Companies had to ensure that any Superior Kerosene Oil (SKO, for short) leaving the marketing terminal, would be blended with the Marker, as per the recommended dose. This blending would be carried out either in the storage Tank or at the time of loading the Tank Lorry before its dispatch. After blending the Marker in the Tank/Tank Lorry, sample is to be taken and tested for presence of the Marker. The petitioner -association and the other petitioners say that all the Transporters and Retail Out Let Dealers had approached the respondents not to go ahead with the Marker Testing System unless they were provided the Test Kits. The respondents, the petitioners say, had agreed to provide the Test Kits. They had further assured all the Retail Out Let Dealers that Marker Tests would not be conducted till they were supplied the Test Kits.