Mumbai: The Bombay High Court Monday issued notices to the Centre, the Petroleum Ministry and the Finance Secretary on a PIL which claimed that the recent petrol price hike is "illegal" as it lacked Parliament's approval and "ultra vires" of the Constitution.
A bench of Justices R Y Ganoo and N M Jamdar ordered service of notices to the respondents, who apart from the Central ministries also include oil marketing companies Indian Oil Corporation, Hindustan Petroleum Corporation and Bharat Petroleum Corporation Ltd.
The bench has posted the matter to May 30.
The PIL, filed by Rajendra Phanse, general secretary of 'Dharmarajya Paksha', submitted that the petrol prices were hiked "abruptly" on May 23 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 Centre increased prices of petrol by Rs 7.50 per litre.
Terming as "undemocratic" the hike since it was announced after the Budget session was over, the petitioner argued that earlier 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 Rs 81.70, while it is as low as Rs 58.06 in Port Blair, Rs 81.75 per litre in Bengaluru and Rs 73.18 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 an 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 V P 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 Rs 7.50 per litre on 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.
First Published: Monday, May 28, 2012, 20:17