The Delhi High Court has refused to entertain a public interest litigation(PIL) alleging black marketing and a severe shortage of LPG cylinders in the National capital, observing that such issues fall within the domain of the executive.
A Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia held that it could not issue directions to ensure the supply of LPG cylinders. The Chief Justice remarked that courts cannot pass orders that are inherently non-executable, noting that a general direction against black marketing or hoarding would be impractical to enforce.
The bench observed that directing the government in such matters would be akin to issuing unrealistic mandates, such as eradicating poverty within a fixed timeframe. Emphasising that the obligations of the government and oil companies depend on available resources, the Bench questioned the feasibility of issuing such directions.
The petitioner, Advocate Rakesh Kumar Mittal, contended that LPG cylinders, which ordinarily cost around ₹1,000, were being sold on the black market for over ₹5,000. He also pointed to a recent shortage in the High Court canteen and alleged that the government was permitting export of gas despite domestic scarcity.
In response, the Bench noted that the canteen’s supply had already been restored. Justice Karia observed that the government was actively taking steps to address the situation, and courts cannot issue a writ of mandamus when remedial action is already underway. He added that judicial intervention is warranted only in cases of inaction.
Addressing the contention regarding gas exports, the Court clarified that economic policy decisions lie beyond the scope of judicial review.
Disposing of the petition, the Court granted liberty to the petitioner to approach the government with his concerns. It directed that any such representation be duly considered by the authorities, who must pass appropriate orders in accordance with law.
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