IN THE HIGH COURT OF MANIPUR AT IMPHAL PIL NO.39 OF 2017

Transcription

1 1 IN THE HIGH COURT OF MANIPUR AT IMPHAL PIL NO.39 OF 2017 Shri Prasanta Oinam, aged about 28 years, S/o O. Ananda Singh of Yourabung Maning Leikai, P.S. Lamlai, P.O. Lamlong, Imphal East -Versus- Petitioner. 1. The State of Manipur represented by the Chief Secretary, Govt. of Manipur. 2. The Commissioner, Consumer Affairs, Food and Public Distribution (CAF & PD), Govt. of Manipur. 3. The Director, Consumer Affairs, Food and Public Distribution (CAF & PD), Govt. of Manipur. 4. The Union of India represented by the Secretary, Ministry of Petroleum and Natural Gas. 5. The Indian Oil Corporation, Manipur Branch represented by the Deputy General Manager, B.T. Road near Congress Bhawan, Imphal, Manipur. 6. The Bulk LPG Transporters, C/o Indian Oil Corporation, Manipur, Deputy General Manipur, B.T. Road near Congress Bhawan, Imphal, Manipur. 7. M/s Canchi Indane Service, Kwakeithel Lamdong Leikai, Imphal West 8. M/s M.M. Gas Service, R.I.M.S. Road, Imphal West 9. M/s Misao Gas Service, Dingko Road, Imphal West 10. M/s K.K. Gas Service, Tera Bazar, Imphal west 11. M/s Jemon Gas Service, Singjamei Bazar, Imphal West 12. M/s Imphal LPG Service, Wahengbam Leikai, Imphal West 13. M/s Manipur Gas Service, Chingmeirong, Sangakpham, Imphal East 14. M/s Khongnang Gas Service, Bishnupur, Bishnupur

2 2 15. M/s Yairipok Gas Service, Yairipok, Thoubal District, Manipur. 16. M/s Mabia Gas Service, Moirang, Bishnupur District, Manipur. Respondents BEFORE HON BLE THE CHIEF JUSTICE HON BLE MR.JUSTICE KH.NOBIN SINGH For the petitioner :: Mr.Th. Ibohal, Sr. Advocate For the respondents :: Mr. L. Shashibhushan, Advt. Mr. S. Biswajit, Advt. & Mr. H. Debendra, G.A. Date of hearing, Judgment & Order :: R. Sudhakar, C.J JUDGMENT AND ORDER (ORAL) [1] The prayer in the PIL read as follows: (i) (ii) (iii) (iv) (v) to issue notice to the respondents and call for records of the case calling upon the respondents to show cause as to why the prayer prayed for by the petitioner shall not be granted. to make the rule absolute when the Respondents failed to show cause or sufficient cause in the regard after hearing them. to direct the respondents to provide 12 subsidized LPG Gas Cylinders per annum to a household in accordance with the orders of the Government of India. to direct the respondents to carry out the supply and distribution as per the rule/ order provided by Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order to issue any other appropriate order/direction for the constitution of a CBI enquiry or for constitution of any other appropriate SIT as the Hon ble High Court deems fit and proper to investigate the malpractice of the respondents in the delivery of filled domestic LPG cylinder.

3 3 (vi) (vii) to pass such other order or direction, interim as well as final to this Hon ble Court deems just, expedient and equitable award cost of the petition to the petitioner. [2] The grievance of the petitioner is that Annexure-A/1 Government order has not been implemented by the Indian Oil Corporation (IOC) in proper form. Annexure/A-1, reads as follows: P-17018/7/2012-LPG Government of India Ministry of Petroleum & Natural Gas ***** Shastri Bhawan, New Delhi Dated 7 th March To The Director (Marketing) IOC/BPCL/HPCL Mumbai. Subject: ANNUAL CAP ON SUBSIDIZED DOEMSTIC LPG CYLINDERS AND DBTL SCHEME. Sir, I am directed to convey the following decisions: i) The cap on subsidized LPG cylinders is revised to 11 for the year ending ii) Each beneficiary will be entitled to 12 subsidized LPG cylinders per annum with the cap of one cylinder per month with effect from While ordinarily only one cylinder be given to each beneficiary every month, in case of genuine difficulties, Oil Marketing Companies (OMCs) are authorized to provide more than one cylinder per month. iii) The Government have also decided that an appropriate Committee be constituted to review the functioning of the Direct Benefit Transfer for LPG consumers (DBTL) scheme and give its report to the Ministry for which orders have been issued separately. In the meanwhile the DBTL scheme is kept in abeyance in 291 DBTL districts till further orders and the system of providing subsidized cylinders to all domestic LPG consumers on payment of the applicable subsidized price for each

4 4 iv) such cylinder is to be re-introduced in all the above DBTL districts. The permanent advance already transferred through DBTL Scheme to the LPG consumers be retained in their bank accounts till finalization of the report by the committee constituted to review the functioning of the system. 2. This letter supersedes earlier letters or even number dated and letter No. P-23015/11/2012-LPG dated An Action Taken Report in the matter may be sent to this Ministry urgently. Yours faithfully, (Rajesh kukreti) Under secretary (LPG) [3] In response to the PIL, it is stated by the respondent No.5 (IOC) that they have filed 3(three) affidavits explaining the condition and situation that causes disturbance in proper supply of LPG Gas Cylinder to the public. [4] Learned counsel for the respondents fairly states that each registered consumer is entitled a minimum of 12 subsidised cylinders subject to his actual requirement and his request within a limit of 12 subsidised cylinders. [5] Learned counsel for the respondents stated that earlier it was difficult to provide sufficient numbers of subsidised LPG cylinders because of the following reasons. (1) Bad road connectivity (2) Difficult in transporting bulk LPG from various points outside the State of Manipur and

5 5 (3) Frequent disturbances on the National Highways due to prevailing situation in Manipur State. [6] Learned counsel for the respondents stated that earlier the supply was minimum however over the period of time they have increased the number of bulk carriers and therefore by efflux of time the full complement of 12 subsidised gas cylinders will be supplied subject to the need of the consumers. [7] Learned counsel for the petitioner and members of the Bar unanimously inform this Court that at present they are not able to get not more than 5/6 subsidised cylinders in a year. [8] The respondent No.5 (IOC) undertakes to improve the condition and provide for full supply of subsidised cylinders to the needy consumers on their request/application. He submitted that in case there is an issue of non-supply by the retailing units at the various distribution centres in the city of Imphal and the districts level, the consumer is entitled to lodge complaint with the following Officer, i.e. Office of the Deputy General Manager (RS) IOC Ltd. Imphal Divisional Office, Congress Bhavan, B.T. Road, Imphal ( / ).

6 6 [9] This information will be published in Local Newspapers for information of consumers one in vernacular and another in English twice a month for a period of three months. Respondents will put the information on scroll of the Local Television. This will enable the consumers to make a complaint to the authority in case of failure to supply gas cylinder within eligibility limit. [10] In addition to the above, in all distribution centres the above details shall be printed and displayed for the benefit of the consumers. [11] The authority who will receive the complaint and his details shall also be printed on the back side of the bill which is issued for supply of the gas cylinders. [12] At this juncture, Mr. S. Biswajit, learned counsel for the Respondent No.6 stated that he represents bulk carriers. He stated that they have been directed by the IOC Annexure-A/2 to lift supplier to tide over short supply. However, there is a direction to the IOC by the Government to consider the representation of some LPG suppliers in Government letter dated This may hinder smooth supply. [13] Be that as it may, it is for the IOC to take up the matter and resolve it with the Government and ensure

7 7 that bulk supply of LPG is maintained for proper distribution at the consumers level. The minimum 12 subsidised LPG gas cylinders should be ensured at all times. [14] This order shall be strictly and scrupulously followed by the IOC and its dealers. [15] Any dealer who violated the condition imposed by the Government of India and the direction issued by the IOC shall be dealt with strictly and appropriately by IOC to ensure that the mandates of the Central Government scheme to provide minimum of 12 subsidised LPG cylinders to citizen is not affected. [16] In regard to the issue relating to bulk supply through tankers IOC is concerned, it has to be resolved by IOC with the tankers/owners and the Government. [17] Any violation of this order by any authority will be viewed seriously. This PIL stands disposed of as above. JUDGE CHIEF JUSTICE Pao