Excelsior Correspondent
JAMMU, Dec 13: Division Bench of State High Court comprising Chief Justice M M Kumar and Justice Hasnain Massodi today directed the Deputy Commissioners to file comprehensive status report with regard to supply of LPG in their respective areas and its misuse for commercial purpose.
These directions were passed in the much publicized suo-moto Public Interest Litigation (PIL). The Deputy Commissioners have also been asked to highlight in their respective status reports the areas where no LPG supply is being made and what steps in that regard can be taken or proposed to be taken. They shall also highlight the number of challans on account of violation of the rules for using the LPG for commercial purposes or black-marketing.
The Division Bench also directed the Oil Companies to file detailed status report with regard to opening of new gas agencies because according to the status report only eight gas agencies have been commissioned on new locations, which is far from satisfactory. Last year the total number of gas agencies in the whole State was 103 and only eight have been so far added thus making no improvement in the situation.
After hearing Senior Advocate DC Raina with Advocate Ananta Raina appearing as Court Counsel, AAG Seema Shekhar for the State and Advocate R Koul for the Oil Companies, Division Bench observed, “the affidavits filed by Deputy Commissioners of Baramula, 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 areas during inclement weather”.
“The Court Counsel has pointed out that the affidavits are identically worded which shows the complete insensitiveness to the issues raised in the PIL. The language of the affidavits is general in nature without revealing anything”, the DB said, adding “in the affidavit filed by Deputy Commissioner, Baramulla an annexure has been attached styled as Annexure-D. In the subject, record note of the minutes of meeting held on November 26, 2013 is noted, whereas in the endorsement date shown is November 3, 2013. It is not possible to hold a meeting on November 26, 2013 and sent the minutes of the meeting to various functionaries on November 3, 2013”.
“Likewise, omnibus statement was made by saying that no LPG cylinders are being used for commercial purpose by Halwayees, marriage palaces and others. There is no material on record to show that any actual checking was done and the details of the premises checked”, the DB said, adding “Deputy Commissioner Leh has sent a communication to the Court Counsel highlighting that three gas agencies operating in the district 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 185 km away from Leh and Durbuk is 109 km away from Leh. The basic reason for their reluctance is that the carriage rate has not been revised by the oil companies since 1996”.
“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 as the carriage rates have not been revised since 1996”, DB said.
“According to Advocate 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”, the DB directed.
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