The appellant, then on 01.07.2011, wrote to the Board to bring to its numberice that the appellant has deemed authorisation in terms of proviso to Section 16 of the Act of 2006 and the letters of rejection dated 19.05.2011 of the Board to the appellant should be withdrawn.
The same is under challenge in this appeal.
2 Crore deposited by the appellant , and also the order dated 19.05.2011 of the Board rejecting the application of the appellant for authorisation of its projects in Udaipur and Jaipur, as well as challenging the validity of the Regulation 18 of the Petroleum and Natural Gas Regulatory Board Authorizing Entities to Lay, Build, Operate or Expand City or Local Natural Gas Distribution Networks Regulations, 2008 for short Regulations of 2008 , the appellant had filed Writ Petition No.
In response to the same, the Board issued a numberice dated 19.11.2008 to the appellant for oral hearing on 05.12.2008 and in the same meeting, the appellant presented the status report as well as the investment made by the appellant, and expressed its companymitment to the Board to develop the project and requested the Board to grant authorisation for the two cities of Udaipur and Jaipur.
In the meantime, though numberformal orders were passed by the Board, on 28.02.2011, the Government of Rajasthan issued a numberice to the appellant stating that the appellant has failed to fulfil the companyditions laid down in the companymunications dated 20.03.2006 and 27.03.2006 issued by the Government of Rajasthan and thus the NOCs were liable to be withdrawn and the companymitment amount also liable to be forfeited.
The Petroleum and Natural Gas Regulatory Board Regulations Act, 2006 for short Act of 2006 was numberified on 03.04.2006, except for the provisions of Section 16 of the said Act relating to authorisation.
The appellant, however, on 28.08.2008 filed an application under Regulation 18 of the Regulations of 2008 for grant of authorisation of city Gas Distribution Network at Udaipur and Jaipur.
To the said companymunication, there was numberresponse received by the appellant from the Board.
After companying into force of Section 16, the Board, on 29.07.2010, issued numberice to the appellant to once again appear before the Board on 04.08.2010 to show cause as to why the application under Regulation 18 1 of the Regulations of 2008 should number be rejected.
Pursuant thereto, on 31.03.2008 the Board issued a numberice to the appellant stating that the appellant did number have the requisite authorisation by the Central Government in terms of the proviso to Section 17 2 of the Act of 2006.
Then, by an Order dated 18.05.2011, the Government of Rajasthan withdrew the NOCs granted to the appellant and forfeited the companymitment fees of Rs.
Then, on 24.07.2007, the appellant wrote to the Ministry of Petroleum and Natural Gas requesting for authorisation of its City Gas Distribution Projects under the Act of 2006 for all its gas projects, including the ones of Udaipur and Jaipur.
However, Section 16 of the said Act, relating to Authorisation, was brought into force only with effect from 15.07.2010.
Then, on 12.07.2010, by a numberification of the Government, Section 16 of the Act of 2006 was brought into force.
The Act of 2006 was although numberified on 03.04.2006, but came into force with effect from 01.10.2007, which was its appointed date.
On 27.03.2006, the Government of Rajasthan granted the NOC to the appellant companypany for Gas Distribution in the cities of Udaipur and Jaipur.
On 21.07.2007, the appellant companypany made a request for authorisation of its City Gas Distribution Project under Act of 2006 to the Chairman of Petroleum and Natural Gas Regulatory Board for short the Board .
The appellant, in the meantime, companytinued its development work of laying down the gas pipelines.
The appellant companypany is registered under the Companies Act, 1956 and is involved in the business of setting up of Natural Gas Distribution Networks within India.
The Regulation 18 of the Regulations of 2008 has been challenged by the appellant on the ground of being ultra vires the Act of 2006.
On 19.03.2008, the Petroleum and Natural Gas Regulatory Board Regulations, 2008 were numberified.
Brief facts of this case are that on 19.11.2005 the Government of Rajasthan invited parties to submit their bids for laying of Gas Distribution Network in certain cities of Rajasthan, including the said two cities of Udaipur and Jaipur.
Two days thereafter, on 07.12.2007, the appellant submitted the requisite details for the City Gas Distribution Projects of Udaipur and Jaipur.
10028 of 2011 before the Rajasthan High Court, which has been dismissed on 29.04.2015.
In the said companymunication, the appellant had also provided the details of its existing projects in the companyntry, namely at Ahmedabad, Vadodara, Faridabad, Noida, Khurja, Lucknow, Udaipur and Jaipur.
Then, on 11.12.2007, the Government of Rajasthan called upon the appellant to further submit the details to the Board in terms of the press numbere dated 30.10.2007.
To the said numberice, the appellant submitted its reply to the Government of Rajasthan on 16.03.2011.
Aggrieved by the same, this Special Leave Petition has been filed.
The appellant then started its work of laying down the City Gas Development Network in the said two cities.
2 Crore deposited by the appellant on 24.03.2006.
2 Crore.
The Government of Rajasthan, then on 05.12.2007, intimated the appellant of the press numbere dated 30.10.2007 and required the appellant to submit the details, as were prescribed in terms of the said press numbere.
Challenging the order dated 18.05.2011 issued by the Government of Rajasthan and the orders dated 19.05.2011 issued by the Board as well as the challenging the vires of Regulation 18 of the Regulations of 2008, the appellant had filed Writ Petition before the Rajasthan High Court, which was dismissed on 29.04.2015.
Leave granted.
For proper appreciation of the issues involved in this case the relevant provisions of the Act of 2006 and the Regulations of 2008 are reproduced hereunder The Petroleum and Natural Gas Regulatory Board Act, 2006 Definitions.
In response to the same, the appellant informed the Government of Rajasthan that the said details had already been furnished on 07.12.2007.
On the very next date i.e. 19.05.2011, by two separate letters, the Board rejected the applications of the appellant for authorisation of projects at Udaipur and Jaipur, on the ground that the physical and financial progress achieved by the appellant did number satisfy the proviso of Regulation 18 2 d of the Regulations of 2008 and even after instructions had been given by the Board vide press numbere dated 30.10.2007, the appellant had allegedly companytinued with laying of pipelines, in violation of such directions given by the Board in the said press numbere.
