Excelsior Correspondent
JAMMU, Mar 22: In the much publicized Court on its own motion Public Interest Litigation regarding the LPG crises due to cap announced by Central Government, Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Dheeraj Singh Thakur today directed the police to file status report along with action taken report regarding the directions issued on December 17, 2012.
After hearing Court Counsel, Senior Advocate DC Raina with Advocate Arun Kumar, Advocate K K Pangotra, ASGI for Union of India R P Sharma and AAG Seema Shekhar for the State and Advocate Anil Bhan for petroleum companies, the Division Bench observed, “Court Counsel Senior Advocate DC Raina has drawn the intention to the comprehensive directions issued on December 17, 2012 in addition to the last order passed on February 19, 2013. According to the Senior Advocate D C Raina a pivotal issue noticed in the order is how to achieve effective distribution of LPG cylinders to the consumers particularly leaving in far flang areas”.
“One of the directions was that Deputy Commissioners were to ensure the supply of LPG to consumers through the oil companies and for that purpose vide publication to the direction issued in order dated December 17, 2012 was required to be given in their respective districts”, the DB said, adding “what action has been taken by the Deputy Commissioners and whether the notices have been published in the print or electronic media or by any other method has not been clarified by filling any affidavit by the Deputy Commissioners”.
The DB further said, “the Divisional Commissioners of Jammu and Kashmir were also required to file the estimated numbers of the dealers which according to their thinking could have conveniently and effectively cater to the numbers of consumers”, adding “the area of concern in these proceedings has been to find out whether there is a vide difference between the numbers and dealers projected in the report filed by the Divisional Commissioners and Deputy Commissioners on the one hand and those of the oil companies on the others”.
“The Divisional Commissioner Jammu has already filed any affidavit whereas that of the Divisional Commissioner Kashmir has been filed in the court today. It appears that there is one uniform policy for the whole country. Keeping in view the geographical conditions of the areas like Jammu and Kashmir the general policy which creates particular number of LPG agencies for particular areas may not serve the purpose of consumers in the State of J&K which has peculiar geographical conditions”, the DB said.
“Advocate Anil Bhan appearing for the oil companies has claimed that LPG supply is reaching to every consumer in the State. However, in the affidavit dated March 16, 2013 there is not even a whisper to that effect. If the oil companies are so sure of prevailing mechanism that it has been catering to needs of every single consumer than probably there was no necessary of the instant public interest litigation”, the DB said.
Division Bench felt that oil companies have not come up to the expectation of the Court to ensure effective supply of LPG in every nook and corner of the State. “It would be necessary to implead Union of India and Ministry of Petroleum and Oil to assist the court as to whether the policy applicable to other areas in the country would be suffice for peculiar geographical conditions of State like J&K”, the DB added.
Advocate K K Pangotra ASGI, who was present in the Court accepted notice on behalf of Union of India. The DB also directed the Police to file status/action taken report.
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