A panel of ministers on Tuesday is believed to have decided to incorporate in the government's petition before Supreme Court, power PSU NTPC's claim for natural gas from Mukesh Ambani-led RIL at a price committed in 2004.
The group of four ministers or G-4, headed by Finance Minister Pranab Mukherjee, had its final meeting on Tuesday and decided to either withdraw and amend the special leave petition or file separate affidavit or an interlocutory application this week, a top source said.
In its present form, the government is seeking annulment of the part of the Ambani family MoU that provides for dividing gas from RIL's KG-D6 fields between companies run by brothers Mukesh and Anil Ambani. Law Minister Verappa Moily said the NTPC issue had been sorted out and there will be no more meetings of G-4. "... that is the stand which we have sorted it out," he told reporters in New Delhi.
Moily said the petroleum ministry has already filed an SLP and "if any amendment is to be filed they will do it." Asked what was the specific outcome, he said: "That you can see in the Supreme Court...Now the ball will be in the court of Supreme Court."
NTPC, the source said, will not file any petition to become a party to the RIL versus Anil Ambani Group firm RNRL court case in the Supreme Court but was free to appeal in the apex court on any aspect of its case against RIL in the Bombay high court.
NTPC's claim for gas at $2.34 per million British thermal unit was a rate RIL had committed in its tender of 2004 and this is likely to be incorporated in the revised SLP, the source said. " (The) government is committed to protecting NTPC's interest and top law officers are currently deliberating on how to incorporate its claim in the revised SLP," he said.
The issue was deliberated at length at the meeting of G-4 ministers that includes Power Minister Sushilkumar Shinde and Petroleum Minister Murli Deora, besides Mukherjee and Moily.
NTPC chairman and managing director R S Sharma besides top law officers were also present at the meeting on Tuesday.
The source said the amendment to the SLP which may be by way of withdrawing the original and filing a fresh or filing an additional affidavit was likely to be done this week. The Supreme Court is to hear the gas dispute on September 1.
NTPC has taken RIL to the Bombay high court seeking supply of 12 million standard cubic meters per day gas for its Kawas and Gandhar expansion projects at $2.34 per mmBtu, the same price quoted by Anil Ambani Group firm RNRL to claim at least one-third of the peak output of 80 mmscmd from KG-D6.
The source said the revised SLP may state that if NTPC's claim is upheld in the courts then the government will force RIL to sell the gas at rates 44 per cent lower than its approved rate of $4.2 per mmBtu. However, RIL will be made to pay royalty, profit petroleum and taxes at $4.2 rate.
