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| Special DB issues directions for effective distribution | | Suo-Moto PIL regarding shortage of LPG | | Early Times Report
Jammu, Dec 19 (JNF) : In the much publicized Suo Moto PIL regarding the crisis due to shortage of LPG gas, A Special Division Bench of State High Court comprising Chief Justice MM Kumar and Justice JP Singh have taken on record suggestions given by the Sr. Adv DC Raina Court Counsel, for hassle free supply of LPG Cylinders to the consumers.
A perusal of the minutes of the meeting indicates there was no equitable/fair distribution/supply of the LPG in the areas which are at a distance of 20 to 30 Kms from the distribution point sanctioned by the Oil Companies. The distributors/dealers opted to have their LPG distribution locations either within the major town/cities or near the highway which is highly detrimental to the consumers of far flung areas.
There is a consensus amongst all the Oil Companies that the agency or the dealer might have been allocated a particular territory or area, yet there is no area or consumer which might be uncovered from the supply of LPG. On the basis of the statement made by Anil Bhan and R. Koul, counsel appearing for the Oil Companies, is that wherever consumers in far flung areas are not getting the supply of LPG, the responsibility of supplying the LPG is cast upon the LPG dealer who is located nearer to such a consumer. Therefore, it has been suggested that no area of the State is without the supply of LPG.
Division Bench appreciated the valuable assistance rendered by the Sr. Adv DC Raina and directed that State shall pay him fee of Rs. 50,000/-. Division Bench further observed that The ground realities however have been highlighted by the Sr. Adv DC Raina by stating that such a happy situation would not result in huge hue and cry. According to Raina, the supply of LPG cylinders to the rural and far flung areas is not satisfactory particularly in the hilly terrain. Raina has maintained that for the sake of completing the paper work such statements are being made but actually the consumers of far flung areas suffer in silence.
In the 10 pages people's friendly order written by Chief Justice MM Kumar for the Division Bench it has been observed that some directions would be necessary for effective distribution of LPG Cylinders, particularly in the far flung areas of hilly terrain. Such locations and territory shall be identified by the concerned Deputy Commissioners and it shall be conveyed to the nearest authorised dealer. That distributor then has to ensure supply to that area. It was also agreed that the Oil Companies, as per the guidelines, would ensure home delivery of LPG Cylinders to the consumers which include those who live in far flung area and issued various directions.
Division Bench directed that there is no area in Jammu province or Kashmir province which would not be covered for LPG supply, as has been agreed by the Oil Companies. The area which is not included within the territory of an authorised dealer would not be deprived of supply of LPG Cylinders. It has been agreed by the Oil Companies to make spot distribution of LPG even in such uncovered areas at the locations to be identified by the concerned Deputy Commissioner. Once any such consumer is found by the Deputy Commissioner who has not been supplied LPG, then the nearest authorised dealer or the authorised dealer of the adjoining area would make spot distribution of LPG Cylinders. Division Bench further directed that any consumer facing any difficulty may request through the nearest police station or Government sale centre of Consumer Affairs and Public Distribution Department. If any such request is received by the CAPD Department/Police Department, the same shall also be forwarded to the Deputy Commissioner for necessary action in accordance with the directions issued at (a) above. Division Bench further directed that The menace of black marketing of LPG or its misuse for commercial/industrial purposes is also required to be kept under check. If the distributor appoints any sub-agent or sub-dealer then action shall be taken against such dealer as it is impermissible act and has no sanction of even the guidelines fixed by the Oil Corporations. If any distributor is found indulging in such a malpractice then in the absence of any valid explanation he may have to lose his dealership. The Police and other Government Departments shall keep a vigil on the use of LPG on the Halwai shops, restaurants, tea stalls, hotels and other commercial hubs so that the LPG meant for home use is not utilised for commercial purposes or sold in black marketing. The Government shall take effective steps in that direction also.
Division Bench directed that the Oil Companies shall file an affidavit disclosing the number of consumers which are covered by one dealer/agency and the area allocated to such a dealer/agency. It should be clarified whether there is a uniform norm fixing the number of consumers or area which could be allocated to one distributor/agent. It should also be disclosed by the Oil Companies whether there is different norm for the States like J&K because of its peculiar geographical condition and difficult hilly terrain.
Division Bench directed The Divisional Commissioners Jammu and Kashmir shall also file the estimated number of dealers which can conveniently and effectively cater to the number of consumers. |
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