Lina Power & Energy Ltd. Vs. Bangladesh and others, (Mohammad Ullah, J.)

Case No: Writ Petition No. 9907 of 2015

Judge: Shamim Hasnain, J And Mohammad Ullah, J

Court: High Court Division,

Advocate: Mr. Shah Monjurul Hoque, Advocate,

Citation: 2018(2) LNJ

Case Year: 2017

Appellant: Lina Power & Energy Limited of 21, Hazi Abdur Rashid Lane, Nayabazar, Dhaka- 1100 represented by its Chairman & Managing Director Abdul Zabbar Mia

Respondent: Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Power, Energy & Mineral Resources, Power Division, Bangladesh Secretariat, Ramna, Dhaka and 3(three) others

Subject: Constitution of Bangladesh

Delivery Date: 2019-11-30

HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Shamim Hasnain, J

And

Mohammad Ullah, J

Judgment on

11.01.2017

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Lina Power & Energy Limited of 21, Hazi Abdur Rashid Lane, Nayabazar, Dhaka- 1100 represented by its Chairman &  Managing Director Abdul Zabbar Mia

... Petitioner

-Versus-

Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Power, Energy & Mineral Resources, Power Division, Bangladesh Secretariat, Ramna, Dhaka  and 3(three) others

...Respondents

Constitution of Bangladesh, 1972

Article 102

The petitioner has reasonably acquired an expection that it would be given the Gas connection—From the facts of installation of a power plant, it clearly shows that the petitioner had completed almost all the works in its part in accordance with the provision of the NÉ¡p ¢hfZe ¢euj¡hm£, 2014 inasmuch as on the assurance of the respondents the petitioner invested huge amount of money and thus the respondents are now under obligation to allow gas connection in the petitioner’s plant. It is notable here that the petitioner has invested huge money borrowing from banks following the long standing policy of the Government as well as observing all legal formalities and as such the respondent concerned should not make any delay to provide gas connection in the petitioner’s plant. Having obtained necessary approval from the other Government functionaries and further having built the infrastructure for the plant at huge cost the petitioner has reasonably acquired an expectation that it would be given the gas connection. The expectation is utterly legitimate in the premises that the petitioner relied on the representations made by the respondents and complied with the conditions. The respondents are thus legally obligated to provide gas connection in the power plant in question within the shortest possible time.             . . .(19)

Mr. Shah Monjurul Hoque, Advocate

...For the petitioner

Mr. Md. Bashir Ullah, Advocate

...For the respondent No. 3

JUDGMENT

Mohammad Ullah, J: On an application under Article 102 of the Constitution, this Court issued the Rule in the following terms:

“Let a Rule Nisi be issued calling upon the respondents to show cause as to why the decision of the respondents for not allowing the petitioner in getting Gas connection for producing power in its both captive and boiler run power plant situated at Morapara, Rupgonj, Narayanganj as evident from the statements of paragraph no. 14 of this Writ Petition should not be declared to have been issued without lawful authority and is of no legal effect and why they should not be directed to allow Gas connection in the both captive and boiler run power plant of the petitioner situated at Morapara, Rupgonj, Narayanganj and/or pass such other or further order or orders as to this Court may seem fit and proper.”

2.             The facts, for disposal of the Rule as stated in the writ petition, in short, are that the petitioner Lina Power & Energy Limited is a company incorporated under the Companies Act, 1994 and is a concern of Lina Group of Industries. The petitioner company was established mainly for the purpose of production and supply of power to the Lina Group of Industries particularly Unit-2 of Lina Paper Mills Limited for ensuring its smooth production and contributing to the national economy. One of the concern of Lina Group of Industries, namely, Lina Paper Mills Limited obtained consortium loan of Tk.48.00 crores under leadership of Sonali Bank Limited vide Memo No. ®p¡hÉ¡/¢cm/¢nG¢h/¢me¡ ®ff¡l/2791 a¡¢lMx 14.08.2005 Cw at a 58:42 debt equity ratio for the purpose of setting up its unit-2 for production of quality papers to be used in the country and also to be exported abroad. Subsequently, the said loan facility was extended upto Tk. 82.69 crores for successful completion of the said project (Annexures-“A” and “A-1”). For successful operation of the aforesaid project, huge uninterrupted power supply was required and considering the power scarcity of national grid and also in view of the policy of the Government encouraging the private sector for production of power, the management of Lina Group took a decision for setting up a captive power plant under its another company, namely, Lina Power and Energy Limited and accordingly, it obtained permission from Titas Gas Transmission and Distribution Company Limited vide Memo No. J¢p¢X/¢h¢pHp/137 a¡¢lMx 29/09/2009 for obtaining gas from Bhulta TBS/DRS in the proposed 12 M.W. power plant and  it obtained licence from Bangladesh Energy Regulatory Commission for setting up a captive power plant at Morapara, Rupganj, Narayanganj. The petitioner obtained no objection certificate from the Directorate of Environment for setting up the said power plant and appointed contractor for setting up 8´´Ø x 150 PSIG Gas pipeline for obtaining gas in the said power plant from Titas Gas Transmission and Distribution Company Limited (Titas Gas). The petitioner imported necessary instruments for setting up the aforesaid power plant by opening L/C No. 033211010017 dated 11.03.2008. Titas Gas approved the design for setting up gas pipeline. It is stated in the petition that the petitioner obtained permission for digging out roads and it deposited required money in favour of LGED, Rupganj, Narayanganj for the purpose of setting up the pipeline and also obtained permission from the Department of Explosives for setting up the same. In connection with setting up of the pipeline, the petitioner purchased required 3840 MT pipe from National Tubes Limited, Gazipur making payment of Taka 1,15,54,552.32 only. The petitioner has got required instruments and goods from the Titas Gas and paid money in favour of it for using those instruments and goods for setting up the gas pipeline. The petitioner also paid demanded money in favour of Titas Gas for supervision of the distribution line of the power plant. By aforesaid way the petitioner completed the process of setting up of the pipeline as well as distribution line at its own cost and requested Titas Gas for giving gas connection in its pipeline for smooth running the power plant. But Titas Gas did not take any step to that effect. Though the petitioner has completed total infrastructures of gas pipeline as well as the power distribution line at its own cost, the respondents did not give gas connection to the power plant of the petitioner, consequently, the Lina Paper Mills Limited (Unit-2) failed to start its commercial operation and for that reason, the entire Lina Group has been facing serious financial loss and its loan facilities has become classified due to the failure of payment of installments duly. In that situation, the lender Sonali Bank Limited, the largest state owned Schedule bank, vide its letter being Memo No. fËL¡/BC¢fHg¢X-1/¢p¢ä­Lne/¢me¡ ®ff¡l (CE¢eV-2) dated 03.08.2014 requested the respondents to take necessary steps for ensuring gas connection to the petitioner’s power plant and thereby to make it able to start commercial production which would ultimately ensure the repayment of the outstanding loan.

3.             It has been contended that several leading newspapers of the country published reports referring statement of policy makers of the Government including the State Minister for the Ministry of Power, Energy & Mineral Resources disclosing the facts that the Government is going to shut down the existing captive power plants and also has decided not to allow gas connection in other captive power plants which are waiting for gas connection. The ‘Dainik Ittefaq’ published a report in its front page on 24.08.2015 having title LÉ¡f¢Vi f¡Ju¡l fÔ¡¾V h®­ål f¢lLÒfe¡ ®cu¡ q®­h e¡ ea¥e NÉ¡p pw®­k¡N; the Daily Jugantor’ published a report in its front page on 01.09.2015 having title  LÉ¡f¢Vi f¡Ju¡l fÔ¡¾V ¢e­®u osk¿'» and the ‘Bangladesh Protidin’ also published a report on 01.09.2015 in its front page having title ®c¢n ¢nÒf h®­ål osk®¿» LÉ¡f¢V­i NÉ¡­®pl j§mÉ ¢à…Z, hÉhp¡u£l¡ qa¡n r¥ì’.

4.             After knowing the aforesaid reports, the petitioner at its level best tried to collect a copy of the decision of the Government, but none of the concern officials supplied any copy thereof to the petitioner and ultimately, the petitioner obtained an unsigned copy of the decision of the respondents regarding gas connection in the new industries depriving the captive power plant from the website of the Ministry of Power, Energy and Mineral Resources which is as under:

12/07/2015 a¡¢l­®M Ae¤¢ùa pi¡u NÉ¡p pw­®k¡N L¢j¢V LaѪL ¢e­jÀ h¢ZÑa naÑ p¡­®®r ea¥e NÉ¡p pw®­k¡N/®m¡X hª¢Ül B­®hce Ae¤­®j¡¢ca qu, k¡l a¡¢mL¡ ¢ejÀl©fx

L) ea¥e NÉ¡p pw®­k¡N J ®m¡X hª¢Ül SeÉ A¡®hceL¡l£ ®L¡e NË¡qL haÑj¡­®e A®~hdi¡­®h NÉ¡p hÉhq¡lL¡l£ q®­m Abh¡ NÉ¡p ¢hm h®­Lu¡ b¡L­®m a¡l Ae¤L¨­®m NÉ¡p pw­®k¡N fËc¡e Ll¡ q®­h e¡z

M) NÉ¡­pl ®m¡X hª¢Ü J ea¥e ms‡hvM NËqZL¡l£ NË¡qL LaѪL NÉ¡p pwlre/p¡nËu£ qJu¡ p¡nË­u ®r®œ B¿¹SÑ¡¢aL j¡e ASÑ­®el m®­rÉ fË®­Qø¡ NËqZ Hhw He¡S£Ñ H¢g¢p­®u¢¾p Eæa Ll­®a q­®hz

N) pw¢nÔø NË¡qLNZ­L ¢hc¤Év pw®­k¡N NËqeL¡­®m ¢hc¤Év ¢haleL¡l£ LaѪfr LaѪL cš He¡SÑ£ pwlrZ J eh¡ue­®k¡NÉ SÆ¡m¡e£ hÉhq¡l pwœ²¡¿¹ naÑ¡hm£ f¡me Ll­®a q®­hz

O) ®eVJu¡LÑ pÇfÐp¡lZ hÉ¢a­®l®­L B­®hceL¡l£ ¢nÒf fË¢aù¡­®el Ae¤L¨­®m NÉ¡p pw­®k¡N ®cu¡ q­®hz

P) Ae¤­®j¡¢ca NÉ¡p pw­®k¡­Nl a¡¢mL¡u ®L¡e LÉ¡f¢Vi f¡Ju¡l NË¡qL NÉ¡p pw®­k¡­Nl Av®hceL¡l£ fË¢aù¡­®el e¡j j¤âZS¢ea œ¦¢V h¡ AeÉ ®L¡e L¡l­®e A¿¹iѧš² q®­u b¡L®­m a¡ h¡¢am h®­m NZ¡ q®­hz

Q) NÉ¡p pw®­k¡N fËc¡­®el ®r­®œ pw¢nÔø Hm¡L¡pq X¡EeØVÊ£j  Hm¡L¡u p¤ù¥ NÉ¡p plhl¡q AhÉ¡qa l¡M¡l SeÉ i¡lp¡jÉ hS¡u ®l­®M fË­®u¡S­®e fkÑ¡uœ²­j ea¥e NÉ¡p pw­k¡N h¡ ®m¡X hª¢Ü M¡­®a NÉ¡p plhl¡q Ll­®a q®­hz

R) ¢pHe¢S ®ØVn­®el SeÉ ea¥e ®L¡e pw­®k¡N fËc¡e Ll¡ q®­h e¡z

5.             The aforesaid decision of the Government clearly shows that the Government has taken decision without considering the facts that the petitioner has already invested huge money after obtaining assurance from the respondents for getting gas connection in its power plant in question and subsequent U-turn of the Government has fallen the petitioner in a deep sea for its no fault. In that situation, the petitioner  served a notice demanding justice dated 02.09.2015 upon the respondents describing the aforesaid facts and requesting to give gas connection in its power plant within 3 (three) days from the date of receipt of the notice. It has been stated that the Sonali Bank Limited in its letter dated 03.08.2014 clearly mentioned that-

3.00x fËpwNax E­õMÉ ®k, ¢aa¡p NÉ¡p VÊ¡¾p¢jne Hä ¢X¢øÊ¢hEne ­L¡w ¢mx 29 ®p®­ÃVðl, 2009 a¡¢l®­Ml f®­œl i¨ma¡ ¢V¢hHp/¢XBlHp q­®a ¢eSü hÉ­u 8 150 ¢fHpBC¢S NÉ¡p f¡Cf m¡Ce ÙÛ¡f­®el j¡dÉ­j NÉ¡p plhl¡­®ql pÇj¢a/BnÄ¡­pl (g®V¡L¢f pwk¤š²) ®fË¢r­®a GZNËq£a¡ ®L¡Çf¡e£ 4.5 ¢Lx ¢jV¡l c§l i¥ma¡u Ah¢ÙÛa eÉ¡ne¡m NË£X ®b®­L ¢eSü hÉ­u NÉ¡p f¡Cf m¡Ce ÙÛ¡f­®el L¡S pÇf¡ce L®­lez ¢L¿º AcÉ¡h¢d NÉ¡p plhl¡q e¡ f¡Ju¡u fËLÒf¢V Q¡m¤ Ll¡ pñh qu¢ez

6.             The petitioner claimed that it has done everything on its part and is entitled to gas connection without any further delay. It is stated that the Government of Bangladesh followed a consistent view encouraging private sector in producing power for removing acute power crisis prevailing over the country. The Ministry of Energy and Mineral Resources, Government of Bangladesh introduced “Private Sector Power Generation Policy of Bangladesh” on October, 1996 which was subsequently revised on November, 2004 containing view of the Government as under-

“2.0 GOB POLICY AND THE POWER CELL

In order to translate this explicit policy commitment into actual investment project, GOB created and set up a Power Cell under the Ministry of Energy and Mineral Resources (MEMR) in 1995. The Power Cell has a mandate to lead private power development, recommend power sector reforms and restructuring, conduct study on tariffs and formulation of a regulatory framework for the power sector. The Power Cell shall facilitate all stages of promotion, development, implementation, commissioning and operations of private power generation projects and suitably address the concerns of project sponsors. It will also assist project sponsors to secure necessary consents and permits from GOB where such consents and permits would be needed.

3.0 MODALITY FOR IMPLEME-NTATION OF PRIVATE POWER PROJECTS

3.1 One Window Operation:

The designated institution to facilitate the development of private sector power projects shall be the Power Cell, MEMR. The Power Cell shall articulate and promote the private power policy of GOB and shall solicit and evaluate proposals, negotiate and process award of contracts, and finalize various agreements related to these projects. The Power Cell would also represented GOB interest in private power projects.”

7.             It has been stated in the petition that the Power Division, Ministry of Power, Energy and Mineral Resources introduced a “Policy Guideline for Small Power Plant (SPP) in Private Sector” in April, 1998 which was revised in November, 2008 containing view of the Government as under-

“1.    Background

The Government of Bangladesh (GOB) has decided to allow private sector investors to establish Small Power Plants (SPP) on a fast track basis, for generation of electricity for own use and sell the surplus to other users. The plant size could be in the order of 10 MW, which could be built up in stages as necessary, and depending on the potential market and load growth. However, if required, permission may be accorded by the Government for setting up higher size plant. The SPPs will be development on a Build-Own-Operate basis.

2. …………………………………..

3. Fuel supply

Where available, a subsidiary of Petrobangla may supply natural gas to the sponsor on a commercial basis. The price of gas to be charged shall be the same as applicable for supply of gas for captive power generation which may be changed from time to time by the Government or the Energy Regulatory Commission. The sponsor may be required to pay additional costs to the fuel supplier if the SPP is far from the gas supply reticulation. Alternatively, the sponsor may arrange his own fuel.”

The Government has also settled a “Policy Guidelines for Power purchase from Captive Power Plant” in July, 2007. In the said policy guidelines, the Government has laid down detailed policy for purchasing power from the Captive Power Plants and also introduced a specific definition of those plants as under-

“2. Definitions

2.1     ……………

2.2     Captive Power Plant (CPP) is a plant which produces electricity for its owner’s own uses or for a group for their own use.”

8.             It is stated that the Government also introduced another policy for investors of private sector in producing power namely- ¢hc¤Év M¡­a ®hplL¡l£ AwnNËqZ hª¢Ül e£¢aj¡m¡, 2008 (Nitimala, 2008) providing policy of the Government as under-

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9.             From the Memo No. IwmwW/ wewmGm/137 dated 29.09.2009 issued by the respondent No.4 (Annexure-B) clearly shows that the petitioner was given assurance of supplying gas in its power plant. So, in view of the provisions of section 4(Cha) of the aforesaid Nitimala-2008 the petitioner is entitled to get gas connection in its power plant.    

10.         Mr. Shah Monjurul Hoque, learned Advocate appearing for the petitioner submits that the petitioner established the captive power plant after obtaining due approval from the concern Government offices and the respondents have given assurance of supplying gas in the said power plant. Moreover, the respondent No. 3 has given approval and all other physical assistant for setting up gas pipeline after obtaining required fees. After finishing the entire works for setting up the power plant, the respondents cannot change their policy and cannot stop supply gas in the petitioner’s power plant and hence, the impugned decision of the respondents should be declared illegal, without lawful authority and of no legal effect.

11.         The learned Advocate next submits that the petitioner has invested huge money for setting up the power plant project and a lion share of the project money was borrowed by the petitioner from the bank and due to non supplying gas to the power plant, the petitioner is now unable to start its commercial operation and for that reason the Unit-2 of the Lina Paper Mills limited, i.e. another concern of the Lina Group is also unable to start its commercial operation and  consequently, the entire Lina Group are facing severe financial crisis and they have already become defaulter borrower though they have done no wrong and hence, the impugned decision of the respondents should be declared to be illegal, without lawful authority and of no legal effect.

12.         Mr. Hoque, the learned Advocate also submits that since the Government has given policy support as well as assured the petitioner for supplying gas in the power plant and hence the Government cannot go beyond their promises as they are bound to perform their obligation in view of the principle of promissory estoppel and hence, the impugned decision of the respondents should be declared to be illegal, without lawful authority and of no legal effect.

13.         The learned Advocate further submits that the petitioner has done everything in accordance with promise of the Government agencies and it has invested huge money borrowing from the banks. So, the petitioner has a good case of legitimate expectation for getting gas connection in its power plant without any hindrance and an interference of this Court is required for securing the legitimate expectation of the petitioner.

14.         Mr. Hoque, the learned Advocate next submits that the Government agencies are under obligation to perform their duties in accordance with their earlier promise, specially, when the citizens of the country relying on their promise invest money for the purpose of contributing in the economy of the country and thus the sudden change of the policy of the Government agencies detrimental to the right to business and profession of the citizens which is not sustainable in any manner and hence, the impugned decision of the respondents should be declared illegal, without lawful authority and of no legal effect.

15.         Mr. Md. Bashir Ullah, learned Advocate appearing for the respondent No. 3  filed  an affidavit-in-opposition controverting  the statements of the writ petition contending, inter alia, that the respondents are not obliged to provide gas connection to the petitioner’s power plant under NÉ¡p ¢hfZe ¢euj¡hm£, 2014. He submits further that the decision of the Government in not providing gas connection to the CNG station and captive power plant was very much legally and hence the impugned decision should not be declared to be illegal. The learned Advocate submits further that after receiving the application of the petitioner for gas connection in its power plant the Government has issued a circular on 21.07.2009 to stop further gas connection in commercial and industrial sector due to shortage of gas and thereafter on 13.07.2010, the Government issued another circular to stop further gas connection for residential purpose in spite of the said circulars, the Ministry of Power, Energy & Mineral Resources issued an office order dated 03.01.2011 constituting a high power committee to take decision for providing new gas connection for the greater public interest subject to scrutiny and guidelines provided therein. He further submits that the respondent No.3 is not authorized to provide new gas connection to the petitioner’s power plant or any other commercial or industrial sector without having approval of the high power committee constituted by the Ministry of Power, Energy & Mineral Resources and therefore this respondent can only place the matter of the petitioner for new connection of gas before the high power committee led by the Advisor of the Prime Minister. The Appellate Division in Civil Petition For Leave To Appeal Nos. 995-996 of 2012 disposed of a matter like the petitioner’s with a direction to place the case of that petitioner (gas connection seeker) before the high power committee constituted by the Ministry of Power, Energy & Mineral Resources. The learned Advocate next submits that the Ministry of Power, Energy & Mineral Resources issued a notification on 10.08.2015 to the effect that no new gas connection will be provided to captive power plant. Accordingly, he submits that the Rules being devoid of any substance is liable to be discharged.

16.         We have heard the submissions of both the sides and perused the provisions of law and the Nitimala of the Government with regard to providing gas connection in the captive power plant.

17.         On perusal of the record in particular Annexures-B and B1 to the writ petition it appears that pursuant to the application of the petitioner it obtained permission from the respondent No. 3, Titas Gas Transmission and Distribution Company Limited vide Memo No. OCD/BCS/137. dated 29.09.2009 for setting up a captive power plan (the plant) from Bhulta/ TBS/DRS in the proposed 12 M.W. power plant and the petitioner also obtained licence from Bangladesh Energy Regulatory Commission for setting up the plant at Morapara, Rupganj under District Narayanganj. The petitioner also obtained no objection certificate from the Directorate of Environment for setting up the plant and appointed contractor for setting up gas pipeline for obtaining gas in the said plant from the respondent No.1. The petitioner also imported necessary machineries for setting up the said power plant by opening LC dated 11.03.2008. The petitioner also obtained approval of design from the respondent No.3 for setting up the said gas pipelines and it obtained permission for digging out roads and deposited requisite money in favour of the LGED Rupganj, Narayangnj for the purpose of setting up pipeline and also obtained permission from Department of Explosives for setting up the said pipeline. The petitioner in order to set up the pipeline had purchased  required 3840 MT pipe from National Tubes Limited, Gazipur on making payment of Taka 1,15,54,552.32. It obtained required instruments and machineries from the respondent No. 3 and paid requisite money in favour of the respondent No. 3 for using those instruments and machineries for setting up the gas pipeline. On the assurance of the respondent No. 3, the petitioner set up the pipeline as well as distribution line at its own cost and requested the respondent No. 3 for giving gas connection in its pipelines for smooth running of the plant but the respondent No.3 did not take any step to that effect. In the failure of the respondents in not giving gas connection to the plant of the petitioner, the Lina Paper Mills Limited Unit-2 failed to start its commercial operation and in this way the entire Lina Group has been facing serious financial loss and its loan facilities, taken for installation of the plan, has become classified due to failure in payment of the installments.

18.         Our attention has been drawn to the fact that on the promise of the respondents to supply gas connection in the petitioner’s power plant, it set up a captive power plant and therefore we are of the view that respondent concerned is duty bound by its promise to supply the gas connection to the petitioner’s power plant. The petitioner’s sole grievance is that if the respondent concerned had not consented to supply gas and had not allowed it to establish a power plant in the first phase it would have under taken a different kind of project instead of setting up a power plant. Having completed all construction, importation and installation of costly machineries for a power plant and acting on the assurance of the respondent, it is unfair on the part of the respondents to keep the petitioner in waiting for an indefinite period without giving gas connection. It has been argued on behalf of the petitioner that the parliament has passed a specific law namely Bangladesh Gas Law, 2010 (Act No. XL of 2010) recognizing captive power plant and allowing gas connection thereon. Chapter III of the said Ain laid down provision for allowing gas connection in the captive power plant and others receivers of gas and finally the NÉ¡p ¢hfZe ¢euj¡hm£, 2014 was promulgated containing all provisions for dealing with distribution of gas to the several categories of receivers.

19.         From the facts of installation of a power plant, it clearly shows that the petitioner had completed almost all the works in its part in accordance with the provision of the NÉ¡p ¢hfZe ¢euj¡hm£, 2014 inasmuch as on the assurance of the respondents and thus the respondents are now under obligation to allow gas connection in the petitioner’s plant. It is notable here that the petitioner has invested huge money borrowing from banks following the long standing policy of the Government as well as observing all legal formalities and as such the respondent concerned should not make any delay to provide gas connection in the petitioner’s plant. Having obtained necessary approval from the other Government functionaries and further having built the infrastructure for the plant at huge cost the petitioner has reasonably acquired an expectation that it would be given the gas connection. The expectation is utterly legitimate in the premises that the petitioner relied on the representations made by the respondents and complied with the conditions. The respondents are thus legally obligated to provide gas connection in the power plant in question within the shortest possible time. 

20.         On similar ground and in similar circumstances the High Court Division has made the rules absolute in a number of writ petitions including W.P. No 386 of 2010 and W.P. No. 7409 of 2011. The Appellate Division has not interfered with any of these cases. In this context the reference is made to writ petition no. 7329 of 2016 filed by the Vertex paper and Board/Mills Ltd. and Writ Petition No. 7077 of 2016 filed by the United CNG Limited. In the aforesaid cases the High Court Division had made the rules absolute on 03.08.2015 and 04.08.2016 respectively and directed TITAS Gas Company to provide gas connection within a specified period.

21.         Having regard to the above this rule deserves to succeed.

22.         In the result, the Rule is made absolute.

23.         The respondents are hereby directed to supply gas connection to the petitioner captive power plant within a period of 60(sixty) days from the date of receipt of a copy of this judgment and order provided that the petitioner has fulfilled all other requirement as prescribed by law.

Ed.



Writ Petition No. 9907 of 2015