Energy tribunal APTEL has directed the Petroleum and Natural Gas
Regulatory Board (PNGRB) to take a decision "as early as possible" on
Reliance Fuel Resources's application for licence to lay pipeline from
Krishna-Godavari Basin to its planned power plant in Dadri.
Tribunal's direction came after the petroleum regulator headed by
Lalit Mansingh submitted that the applications submitted by the
Reliance Fuel Resources, a Anil Ambani Group company, was still valid
as the Officer on Special Duty who signed the letter asking the
company to apply afresh was not actually authorised to do so.
PNGRB's counsels appearing before the Appellate Tribunal for
Electricity (APTEL) submitted that OSD Ramesh Samtani who returned the
application of RFRL was not actually authorised for it.
They further submitted that the regulator did not own the rejection
letter directing Reliance to apply afresh and hence it was not a
decision taken by regulator.
In the letter dated December 10, 2007, OSD had directed RFRL to apply
afresh for a licence to lay a pipeline from Kakinada to Dadri as there
were no guidelines existing at that time. It asked the company to
apply in compliance with new regulations which were to be
framed.
The APTEL bench comprising Justice Manju Goel and M B Lal said, "the
only interpretation of this statement that these three letters 'non
est' (not my deed) in the eyes of law, and as a consequence there is
no obligation but to say that application made before PNGRB are still
pending," said .
The bench also directed the board to take decision on RFRL application
soon.
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