2017 PLP 1085 (YLR)

QALANDAR ALI KHAN, J.

This writ petition as well as connected W.P. No.467-A/2010 titled Sarban CNG v. Government of KPK pertain to the same issue of levy of verification fee at the rate of Rs.3000/- per nozzle of CNG Stations in pursuance of amendment in N.-W.F.P. Standard Weights and Measures Enforcement Act, 1976, and Rules framed thereunder as amended in 2009, therefore, this single order shall also dispose of the aforementioned connected writ petition.

2. The petitioners in both the writ petitions are running the business of Compressed Natural Gas (CNG) Pumps at Mansehra and Abbottabad, respectively. According to the petitioners, the equipments and business of CNG Stations are being regulated by the terms and conditions of Oil and Gas Regulatory Authority (OGRA), including weights and measurement and that the petitioners were paying Rs.50,000/- to OGRA for inspection and regulating all the business of CNG Stations; and that for weighing and measuring besides inspection, OGRA had already appointed Messrs Hydro Carbon Development Institute of Pakistan (HDIP). However, an amendment was introduced in the Standard Weights and Measurements Act 1976 and thereby Rs.3000/- was levied as verification fee per nozzle.

3. In its comments, OGRA (respondent No.5) while claiming to be the sole Regulatory Authority in respect of CNG Stations under the Federal Legislation of OGRA Ordinance 2002, which prevails over Provincial Act in terms of the Constitution, supported claim of the petitioners in the writ petitions.

4. The Labour department of the Government of KPK, (respondents Nos. 1 to 4), on the other hand, contested the writ petitions on the ground that the impugned letter/notification dated 16.11.2009 was issued by the Inspector Weights and Measures Abbottabad, in pursuance of the NWFP Standard Weights and Measures Enforcement Act 1976, and Rules made thereunder, for the purpose of informing the petitioners to facilitate inspections/ verifications as made obligatory under the law. The respondents claimed that OGRA and Provincial Government were operating in different domains and implement different laws. They pointed out that OGRA had appointed/designated third party inspector HDIP for annual safety inspection of CNG Stations against the inspection fee of Rs.50,000/-, whereas quantity checking of CNG was subject of Provincial Weights and Measures Department being regulated under NWFP Standard Weights and Measures Enforcement Act, 1976, and Rules framed there-under, as amended in 2009. The respondents defended levy of verification fee of Rs.3000/- per nozzle as notified in Schedule-X of Rule 17 amended in 2009.

5. Arguments of learned counsel for the parties heard, and record perused.

6. It may be observed, at the very outset, that both the writ petitions proceed on the wrong premise that the petitioners are already paying Rs.50,000/- to OGRA, therefore, they are not liable to pay verification fee of Rs.3000/- per nozzle in the CNG Stations to the Provincial Government as OGRA Ordinance 2002 is a Federal Legislation while the verification fee has been levied under Provincial Statute which cannot prevail in the presence of a Federal Legislation; but they lost sight of the fact that OGRA is charging Rs.50,000/- on account of third party annual safety inspection fee, while the verification fee of Rs.3000/- per nozzle in CNG Stations was prescribed in the NWFP Standard Weights and Measures Enforcement Act, 1976 and rules framed thereunder as amended in 2009. As such, both OGRA and Provincial Government clearly operate in different domains and implement different laws, without the latter overlapping the former and charging verification fee in addition to the same being already charged by the OGRA. It was, indeed, on the initiative of OGRA, vide its letter dated 03.12.2007, that the Provincial Government was obliged to take measures for measurement of accuracy at the CNG Stations under its respective laws in the light of resolution of the National Assembly dated 09.10.2007, whereby, it was resolved to take immediate steps to provide the latest equipment to check the quality and measurement of quantity of CNG Stations, which was, obviously, not being done by the OGRA through HDIP during annual safety inspection of CNG Stations.

7. The learned counsel for the petitioners were unable to show that either the verification fee of Rs.3000/- per nozzle in view of requirement of purchase of latest equipment for checking purposes was unreasonable or was in violation of OGRA Ordinance, 2002. The verification fee has, admittedly, been levied under the law, which is not open to exception in the constitutional jurisdiction of this Court.

8. Being bereft of merit and substance, both the writ petitions are dismissed. ZC/216/P Petition dismissed.