Karnataka High Court won't interfere in LPG allocation, asks hotels to approach govt

The Karnataka high court on Monday disposed of the petition filed by Bangalore Hotels Association and others seeking directions for uninterrupted supply of LPG commercial cylinders considering the affidavits filed by the union government and the state government. Justice Sachin Shankar Magadum said that it is open for the petitioner association to apprise the concerned minister in the ongoing deliberations undertaken on Monday.

“This court is of the considered view that though the petitioner association has filed the petition seeking certain directions, this court is of the view that any necessary directions, if issued, would trench upon executive policy making in a very highly sensitive and domain involving national resources, international supply chains and competing sectoral demands. Judicial review under Article 226 though wide is not intended to supplant executive wisdom in such matters particularly when decisions are informed by technical, economic and geopolitical considerations,” Justice Sachin Shankar Magadum said.

During the hearing, the union government cited the orders passed by a division bench of the Bombay high court pertaining to the supply of LPG cylinders. Last week, the Bombay high court had disposed of the petition based on the union government's assurances.

Solicitor General Tushar Mehta, appearing for the union government, informed the high court about the communications sent by secretaries to the Ministry of Petroleum and Natural Gas indicating allocation to all the states. He further said that it may be advisable to leave it to the executive to deal with the situation, which is changing every day.

On the other hand, the government advocate submitted that the state government has already apprised the minister the prevailing situation and that the deliberations are underway with all stakeholders, including the petitioner association, to evolve a mechanism.

Justice Magadum cited the Bombay high court order and noted that the supply of LPG constitutes complex international development. The matters relating to allocation, distribution and the prioritization of essential commodities, especially at the time of global uncertainty and constrained supply, falls squarely within the realm of executive policy, the court said.

“In the light of the view taken by the division bench of the Bombay high court, this court is of the view that prayer sought in the petition cannot be entertained at this juncture, recognizing the limitations inherent in judicial intervention in such policy driven matter, this court finds itself in respectable agreement of the view taken by the Bombay high court,” Justice Magadum said.

The court further said, “In view of the statement made by Solicitor General Tushar Mehta and the fact that the state government is seized of the matter and is in the process of consulting stakeholders to evolve appropriate measures, this court is of the opinion that no further directions are called for. It is open for the petitioner association to apprise the concerned minister in the ongoing deliberations undertaken today.”

The petitioners had stated that the state government’s new priority-based allocation of 1,000 commercial LPG cylinders per day to the hotels in the entire state does not meet the requirements. Bengaluru city alone has 40,000 hotels and restaurants and this allocation is less than 5% of the regular supplies, the petitioners said.