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| HC dismisses petition seeking direction for LPG transportation tender bids | | |
JAMMU, June 23: State High Court today dismissed the petition filed by LPG dealers cum transporters association of Jammu province seeking direction to the companies to consider tender bids in the tendering process for transportation of packed LPG from the bottling plant.
In a petition filed by all LPG dealers cum transporters association of Jammu province and others against Ministry of Petroleum and Gas and the Indian Oil Corporation seeking direction to the respondents to consider the tender bids of the petitioners in the tendering process for transportation of packed LPG Ex-LPG Bottling Plant, Jammu and award them the transportation contracts without subjecting them to the impugned conditions as envisaged in clause 18 by following terms and conditions of the existing tender/contract so as to enable the petitioners to carry out the transport business and earn their livelihood.
After hearing both the sides, Justice BansiLalBhat observed that in so far as allegations of elimination of petitioners from business of transportation on account of introduction of trailers and higher capacity trucks is concerned, feasibility of operation of such transport vehicles being in the domain of Experts, this Court will not exercise the power of judicial review on the basis of projected ground of inadequate infrastructure being available for operation of trailers and higher capacity trucks. Such decisions rest upon surveys in regard to road networks, connectivity and feasibility of operating vehicles of a particular capacity. Such decisions are best left to the Experts and it is for the IOC to consider the mode of transportation of LPG cylinders by employing trailers/trucks of a particular capacity in a particular area with reference to the available infrastructure. No interference on that score is warranted. All issues raised in the petition having been dealt with and the contentions of petitioners having been rebuffed, the petition is dismissed as being devoid of merit. (JNF) |
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