Sindh High Court (SHC) has directed Oil & Gas Regulatory Authority (Ogra) and Sui Southern Gas Company Limited (SSGCL) to file a joint statement, indicating the funds required to complete the gasification of 414 villages in province. A division bench of SHC comprising Justice K.K. Agha and Justice Omar Sial observed that these 414 villages have yet to be provided the gas as per the judgment of Supreme Court (SC).
SC in its order dated, October 28, 2013 directed to provide gas to all surrounding localities/villages falling within the radius of 5kms of all gas fields on priority basis. After hearing the petition of Roshan Ali Lakhani for implementation of apex court's directives, SHC bench in its order said that the issue now for the court is to determine who is required under the law to pay for and complete the gasification of these villages to implement the orders of apex court.
The court maintained that federal government and Sindh Government took the positions during the hearing of the case that obligation to complete and gasify the villages and pay the complete cost connection with the same pursuant to the decision of the Council of Common Interests (CCI) now falls entirely on the shoulders of SSGCL.
The bench also ordered to issue notices to Attorney General of Pakistan and Advocate General Sindh to assist the court about the role of the CCI and observed that since the CCI is a constitutionally created body consisting of all Chief Ministers of each Province and the Prime Minister representing the Federation, then what are the legal effect and consequences of a decision of the CCI?
Is a decision of the CCI legally binding? If so how can a decision of the CCI be enforced? And through what means, the court inquired. The court also observed that if decision of the CCI has no binding legal effect in their view taking into account the above discussion and any other relevant law which ministry, body, organization is responsible for the provision of gas under the law in accordance with para 22 (K) of the supreme court Judgment to all the surrounding localities/villages falling within the radius of 5km of all Gas Fields and at whose expense.
The court in its observations stated that prima facie it may be preferable if prior to the next date of hearing all stakeholders met and agreed a plan of over say three years of how the gasification of villages shall be implemented and by whom and what the contribution of costs may be paid by each stakeholder towards such gasification.
In the event that no such agreement can be reached by the next date of hearing, court will determine this issue in accordance with law as no further delay or dilly dallying can be permitted on the part of the relevant stake holders by passing the buck between them in terms of lack of funds whilst the people continue to suffer and the orders of the highest court in the land are ignored. The court ruled that it has no interest in the availability of funds for gasification of villages but is confined to implementing apex court's orders before putting off hearing of the case till November 25, 2019.
Copyright Business Recorder, 2019