- (1.)We seem to be spending time on something which we are not required to so spend!
(2.)In a matter dealing with air pollution where to avoid large vehicular pollution, piped gas could be a methodology used, was sought to be taken forward. It appears to us from this voluminous record that the fundamental problem was Petroleum and Natural Gas Regulatory Board was not manned by the requisite number of members who could perform the functions of the Regulator (something not new which continues in various tribunals). Thus, the apex Court has been burdened with all this, while it should be the Regulator who should be looking to the matter. From the Regulator, an appeal is provided to the appellate tribunal and only thereafter would the occasion arise for this Court to apply its mind.
(3.)We are now told that wisdom has finally dawned, to a limited extent at least by appointing three Members to the Board which is the minimum coram. We are told that there are still two vacancies in existence. We call upon the Central Government to take expeditious steps to fill in these vacancies at the earliest preferably within a period of three months so that a full functioning Board is in place. At the inception we may note that learned ASG made a statement that the licence granted by the Centre Government should prevail. Insofar as the learned counsel for the State is concerned, she submits that the instructions are to the limited extent that the Regulatory Body may take a call on the issue of licences issued by the Centre and the State. We may note that the fulcrum of the submissions of Mr. Shyam Divan, learned senior counsel appearing for IGL is that it is high time that an interim order which was granted on 4/4/2008 needs to be dissolved as it was only an interim arrangement. A reading of that order shows that, at that stage, the Bench considered the appropriateness of an interim arrangement but since then, much water has flowed. We are of the view that in the present proceedings, we are not required to decide the dispute inter se the private parties which would have to be considered by the appropriate forum, be it Regulator or anyone else. We leave it at that.