Government doing its best: Karnataka High Court refuses to intervene in LPG short supply crisis

The Court was dealing with a petition filed by a hotel association flagging concerns about a short supply of LPG cylinders in the State amid ongoing international geopolitical conflicts.
Karnataka HC, LPG Cylinders
Karnataka HC, LPG Cylinders
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The Karnataka High Court on Monday refused to entertain a petition seeking the uninterrupted supply of Liquified Petroleum Gas (LPG) cylinders to hotels and restaurants in the State amid a global short supply crisis.

Justice Sachin Shankar Magadum agreed with Solicitor General Tushar Mehta's submission that the matter is best left for the government to address.

"Government is doing their best. Better than other countries. Can’t subject it to judicial review. I will pass an order (disposing of the plea), courts should not get into all this, that too in war like situation," Justice Magadum said.

In its ensuing order, the Court recorded the government's assurance that all efforts are being made to ensure the equitable distribution of LPG cylinders.

The Court expressed that it cannot issue directions in such matters involving executive policy decisions on sensitive issues that have been shaped by geopolitical conflicts.

The Court added that it is in agreement with the Bombay High Court's recent refusal to interfere on similar issues. Accordingly, it disposed of the petition.

Justice Sachin Shankar Magadum
Justice Sachin Shankar Magadum

The Court was hearing a petition filed by the Bangalore Hotels Association and some of its members, which flagged concerns about the short supply of LPG cylinders in India amid an escalating geo-political conflict involving the US, Iran and Israel.

Representing the Central government, Solicitor General Tushar Mehta responded that the situation is ever-evolving and that efforts are underway to ensure the least disruption of LPG supply in India.

"The situation is because of some events not within our control, government is doing best to ensure supply is not disrupted or least disrupted. Leave it to the executive. Every day situation is changing. We will have to prioritise, we don’t know if hotel should get priority or homes. There are several factors not within our control," said SG Mehta.

"Any good news for these hotels? You have any additional instructions?" the judge asked.

"Not yet," replied the SG.

The judge also referred to concerns raised by some about State-wise distribution of LPG cylinders. Over the course of the hearing, SG Mehta assured the Court that the Central government is consulting with the States about such matters, and that the government at both levels have to be on the same page.

He added that if there is any malpractice found on the part of LPG distributors, the State should take strict action.

Solicitor General Tushar Mehta
Solicitor General Tushar Mehta

The petitioner association, meanwhile, urged the Court to keep the case pending to await the update of a meeting being held today on the LPG crisis. He argued that Tamil Nadu and Kerala are better placed when it comes to the supply of LPGs, adding that Karnataka would also fare better if certain guidelines are properly followed.

SG Mehta, however, questioned this line of argument.

"In a situation like this, both Central and State governments must be at par and there is no divergence. Examples of Kerala and Tamil Nadu, my learned friend cannot say there was any political bias or more supply given to those States. There must be good, cogent reasons," the SG submitted.

He added that any additional grievance can be placed before the government for resolution.

During the hearing, the government also pointed out that the Bombay High Court too refrained from issuing any directions on a plea concerning the LPG crisis.

Justice Magadum, eventually, made it clear that he is not inclined to interfere.

"I will pass orders in the afternoon and dispose of the plea. I'll leave it to both the governments to work out," Justice Magadum said.

Additional Solicitor General Aravind Kamath also appeared for the government.

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