Delhi HC refuses to entertain PIL over LPG shortage

The Delhi High Court on Wednesday refused to entertain a PIL raising concerns over an “acute shortage” of domestic LPG cylinders, observing that everyone is aware of the circumstances affecting the supply of resources and the issue falls within the government’s domain.

Terming it a “fallout of the war” in West Asia, a bench of Chief Justice D K Upadhyaya and Justice Tejas Karia said it will not pass “futile” directions when the Centre has already issued various orders on the supply of LPG, including an order under the Essential Commodities Act.

“Are we running a government? We do not interfere in such matters,” the bench told the petitioner.

“These are matters to be tackled by the executive considering the exigencies caused not only because of the demand but also the problems at the supply end. Mandamus cannot be issued in such a situation. You are asking us to issue a mandamus like eradicate poverty. The obligation of the government or oil companies in such matters is dependent on the resources,” the court explained.

Even as the petitioner sought a restraint on the export of LPG amid the “shortage”, the court said it cannot decide the economic policies of the country.

“What are you saying? Are we here to decide whether a commodity is to be exported, imported or should be hoarded or kept in godowns or released? These are the functions of the executive. These are economic policies. We cannot reflect upon all this in such a simplified manner,” it said.

The court also observed that the petition did not contain “concrete” information on LPG exports.

The petitioner contended that millions are suffering due to the unavailability of domestic LPG cylinders, which is being sold in the black market for up to Rs 5,000, showing that the Centre has failed in its duty.

The court asked the petitioner to show the law that casts a “duty” on the government to regularly supply cylinders to families and told him to approach the authorities concerned with his grievances.

It also turned down his request to form a judicial panel to supervise the situation.

“Situation is not unknown. We all know the reason. Whatever possible action is possible for the government has already been taken,” the court said.

It also remarked that the petitioner is not aware of the “vastness” of the country when he claimed that 75 per cent families in India use LPG for cooking instead of traditional fuel.

“You do not know the vastness of this country. Seventy-five per cent of families in India are using LPG? You need to go to the remote places of this country,” the court said.

On the petitioner’s claim that even the high court canteen has suffered due to the LPG shortage, the bench informed that the “high court canteen has been taken care of” and a PNG connection has been arranged for it.

The court closed the petition while allowing the petitioner to make a representation to the authorities concerned.

Once such a representation is made, the same shall be attended to by the authorities, the court directed.