Delhi High Court Refuses To Entertain PIL Over LPG Shortage, Says Issue Lies In Executive Domain

The Delhi High Court on Wednesday refused to entertain a PIL over acute shortage of LPG in the national capital, observing that the issue lies completely in realm of the Executive.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia observed that no such mandamus can be issued when the Government of India has already and is taking action to meet the exigencies.

The Court was dealing with a PIL filed by lawyer Rakesh Kumar Mittal who alleged that despite being an essential commodity, residents of Delhi are facing scarcity of LPG as a result of less supply than the demand.

He alleged that appropriate steps as necessary are not being taken by the Government as a result of which LPG gas cylinders are difficult to procure and the public has to get the same in black marketing on exorbitant rates.

Refusing to entertain the plea, the Court said: “All such issues are the exclusive reserve of the Executive which lies completely in its realm.”

The Court noted that the Government of India and the Union Ministry of Petroleum and Natural Gas had on April 16, 1999, issued an order containing provisions for meeting the exigencies related to supply and production of LPG which is used as cooking gas in ordinary households.

It further noted that a revised order has been issued by the Union Government on March 09 which reinforces earlier order to regulate the production and shortage of petroleum production to protect interest of the consumers, as well aa another order of March 14 taking measures to meet the situation.

The Court noted that the said orders take appropriate measures for ensuring that supply of petroleum products, including LPG gas, is maintained.

As the petitioner said that the measures taken by the authorities are inadequate, the Court said:

“Taking measures to meet the exigencies lies exclusively in the realm of the executive. Accordingly, we permit the petitioner to make a representation to the authority concerned highlighting the issues and once any such representation is made, the same shall be attended to and adequate measures be taken.”

During the hearing, the Bench told the petitioner that such matters are to be tackled and handled by the Executive as they are conscious of the exigencies caused not only on account of demand but also the problems faced at the supply end.

“We understand the obligation of the government or the oil companies… but you are asking us to issue mandamus like this that eradicate poverty. Please try to understand. Such things do not lie in the realm of Court. Please tell us how can we issue any such mandamus?…. This is a policy matter. Can we enter into that? You represent your cause to the authorities. We will not interfere. This is not a matter where we interfere. Are we running the government?”

“Our difficulty is, we cannot assume charge of the Executive. This kind of petition if we start to interfere then it will become very difficult. We will be issuing futile mandamus- eradicate poverty, educate everybody. For ensuring LPG, they are taking steps which may be adequate but this lies outside our domain,” the CJ remarked.

The Court also remarked that the petitioner was asking the Bench to pass a non executable decree which is not permissible in law.

“The government has already taken action and taken care of the situation. And it is not unknown to anyone. The government is taking all action to address the situation. We cannot issue any mandamus when already action is taken by the government,” Justice Karia said.

Title: Rakesh Kumar Mittal v. Union of India & Ors