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| DB directs all DCs to file status with regard to misuse of LPG for commercial purpose | | Suo-Moto PIL regarding shortage of LPG | | early times report Jammu, Dec 13 (JNF): In the much publicized Court on its own motion Public Interest Litigation (PIL) regarding the crises because of shortage of LPG gas due to cap announced by Central Govt, Division Bench of State High Court directed the Deputy Commissioners to file comprehensive status report with regard to the supply of LPG in their respective areas besides highlighting status reports the areas where no LPG supply is being made and measures taken or proposed to be taken. Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Hasnain Massodi while directing the Deputy Commissioners to file comprehensive status report with regard to the supply of LPG in their respective areas also directed to highlight the number of challans on account of violation of the rules for using the LPG for commercial purposes or black-marketing. Besides this Division Bench also directed the Oil Companies to file detailed status report with regard to advertised gas agencies to be newly opened namely 172 (RGGLV) and 51 restructured gas agencies location wise because according to the status report only eight gas agencies have been commissioned on new locations, which is far from satisfactory. In the last year the total number of gas agencies in the whole State was 103 and only eight has been so far added. That does not improve situation. Division Bench also observed that the affidavits filed by Deputy Commissioners of District Baramulla, Kulgam, Ganderbal, Jammu and Anantnag do not disclose any substantive steps taken to ensure supply of LPG Cylinders to the consumers particularly in the remote area during inclement weather. Court Counsel has pointed out that the affidavits are identically worded which shows the complete insensitiveness to the issues raised in this public interest litigation. Court said the language of the affidavits is general in nature without revealing anything. Likewise, omnibus statement was made by saying that there are no LPG cylinders being used for commercial purpose by Halwayees, marriage palaces and others. There is no material on record to show that any actual checking was taken and the details of the premises checked. However, Deputy Commissioner, Leh has sent a communication to the Court counsel highlighting that there was three gas agencies operating in District Leg namely Druk Gas Service, Ladakh Gas Service and New Gas Services. The agencies have initially complied with the directions issued by this Court. However, they are reluctant to supply LPG in far flung areas as Nubra is 119 Km away from Leh across Khardugla Pass, Nyoma and Durbuk due to reluctance owing to carriage rate has not been revised by the oil companies since 1996. As a result the Leh based agencies create deficiencies as a mark of protest against the behaviour of the oil companies and the people of the far off places suffered. Division Bench also observed that in the affidavit filed by the Oil Companies apart from the other things, it has been stated that they have commissioned a new gas agency at Nyoma. However, people living in areas of Nubra and Durbuk or other far flung areas would still suffer because supply of LPG would not be made to them due to carriage rates. According to Adv R Koul, Deputy Commissioner, Leh is competent to revise the carriage rates, which may be charged by the gas agencies, if supply is to be made to an area beyond 15 km. With regard to reimbursement Adv R Koul shall file the response. AAG Seema Shekhar shall also ascertain the correct position from the gas agencies through Deputy Commissioner, Leh. Division Bench directed all the Deputy Commissioners to do the needful before two days from December 30, 2013. |
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