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LATEST NEWS UPDATES | High Court issues notices to Centre on PIL against petrol price hike

High Court issues notices to Centre on PIL against petrol price hike

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published Published on May 29, 2012   modified Modified on May 29, 2012
-MoneyLife.in

Citing lack of uniformity in the prices of petrol, the petitioner said that in Thane, the price per litre is Rs81.70, while it is as low as Rs58.06 in Port Blair, Rs81.75 per litre in Bengaluru and Rs73.18 in Delhi

The Bombay High Court on Monday issued notices to Centre, Ministry of Petroleum and Natural Gas and Finance Secretary, besides three oil marketing companies on a public interest litigation (PIL), which claimed that recent hike in petrol prices is "illegal" since it lacked the Parliament's approval and "ultra vires" of Constitution, reports PTI.

A bench of Justice RY Ganoo and Justice NM Jamdar ordered service of notices to the respondents, who apart from the central ministries also include the oil marketing companies, namely the Indian Oil Corp, Hindustan Petroleum Corp and Bharat Petroleum Corp.

The bench has posted the matter to 30th May.

The PIL, filed by Rajendra Phanse, submitted that the petrol prices were hiked "abruptly" on 23rd May at the stroke of midnight after the conclusion of the budget session of Parliament.

The petitioner contended that the raise in petrol prices was "totally illegal" as it has no approval of the Parliament.

The oil marketing companies had increased prices of petrol by Rs7.50 per litre.

Terming as "undemocratic", the hike since it was announced after the Budget session was over, the petitioner argued that in the past the decisions like raising the rates of postal and telephone services used to be taken during the budget session.

The petitioner further said that the hike was against the principles of natural justice as it is bound to affect the entire population of the country.

Citing lack of uniformity in the prices of petrol, the petitioner said that in Thane (Maharashtra), the price per litre is Rs81.70, while it is as low as Rs58.06 in Port Blair, Rs81.75 per litre in Bengaluru and Rs73.18 in Delhi.

This showed that the prices of petrol change from city to city within the country, which is nothing but a geographical discrimination in contravention of Article 14 of the Constitution, he said.

Since petroleum is a Central subject, the prices of petrol must be uniform across the country in tandem with the principles of equality before law, the petition maintained, citing uniformity in scales of pay under the Central government, including subordinate judiciary, across the country.

Supply of petrol is a essential service required by the nation and the Centre should set up a Regulatory Commission to draft a uniform policy on the petroleum products, including petrol, diesel, CNG and LPG, and place the policy before Parliament for approval, the petitioner said.

Advocate VP Patil, who appeared for Phanse, a resident of neighbouring Thane, urged the court to direct the respondents to fix a uniform rate of petrol throughout the country.

He also urged the high court to direct respondents to roll back the hike of Rs7.50 per litre of petrol.

Phanse also requested the court to direct the respondents to take any policy decision pertaining to hiking petrol prices only during the parliament session since such decision affects common people the most.

The PIL also maintained that the Centre be refrained from taking any "hasty" decision--about increasing prices of petrol---when the House is adjourned sine-die because such decision is undemocratic and illegal in nature.

MoneyLife.in, 28 May, 2012, http://moneylife.in/article/8/25979.html?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+MoneylifeRss+%28Moneylife+Personal+Finance+Magazine%29


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