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Supreme Court of India 2021-09-28 dismissed

Adani Gas Limited vs Union of India & Ors

Bench: 3 — S. Ravindra Bhat

In Brief

Adani Gas Limited challenged the grant of authorization for a city gas distribution network in Ahmedabad, seeking to include three disputed areas (Sanand, Bavla, Dholka) that were excluded by the Petroleum and Natural Gas Regulatory Board (PNGRB). The central issue was whether entities authorized by State Governments before the PNGRB Act came into force had 'deemed authorization' under Section 16 to operate in their full authorized areas. The Supreme Court held that 'deemed authorization' applies only to entities authorized by the Central Government, not State Governments, because the deeming provision is subject to other Act provisions that distinguish between these categories. The Court also upheld Regulation 18's validity and found that Adani was barred by the doctrine of approbate and reprobate from challenging the authorization after accepting it, furnishing the performance bond, and participating in the subsequent auction. The appeals were dismissed.",

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Petroleum and Natural Gas Regulatory Law Administrative Law Constitutional Law Statutory Interpretation Distribution Networks Authorization Ultra Vires

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