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2015 (7) TMI 1130 - SUPREME COURTPower of Petroleum and Natural Gas Regulatory Board to fix or regulate the maximum retail price at which gas is to be sold by entities such as Indraprastha Gas Ltd, to the consumers - power of Board to fix any component of network tariff or compression charge for an entity having its own distribution network - Petroleum and Natural Gas Regulatory Board (Determination of Network Tariff for City or Local Natural Gas Distribution Networks and Compression Charge for CNG) Regulations, 2008 - invocation of the jurisdiction under Article 226 of the Constitution - Section 22 of the Act - network tariff and compression charges for CNG - Delhi City Gas Distribution (CGD) network - Sub-section (e) of Section 11 of the Act - Sub-section (2) of Section 61 - whether reading of provisions namely, Sections 20 to 22 of the Act, it can be construed that they confer any power on the Board to fix the transportation tariff of a consumer of natural gas? Held that: - the Board has not been conferred such a power as per Section 11 of the Act. That is the legislative intent. Section 61 enables the Board to frame Regulations to carry out the purposes of the Act and certain specific aspects have been mentioned therein. Section 61 has to be read in the context of the statutory scheme. The regulatory provisions, needless to say, are to be read and applied keeping in view the nature and textual context of the enactment as that is the source of power. On a scanning of the entire Act and applying various principles, it is concluded that the Act does not confer any such power on the Board and the expression “subject to” used in Section 22 makes it a conditional one. It has to yield to other provisions of the Act. The power to fix the tariff has not been given to the Board. In view of that the Board cannot frame a Regulation which will cover the area pertaining to determination of network tariff for city or local gas distribution network and compression charge for CNG - appeal dismissed - decided against appellant.
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