SC orders status quo on Karnataka HC ruling on ethanol allocation
The HC asked BPCL, HPCL and IOCL to consider a plea seeking higher ethanol allocation for ESY 2025-26.
PTI
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BPCL told the Supreme Court that the Karnataka HC's order could disrupt the Centre's 20% ethanol blending policy (PTI)
New Delhi, 30 June
The Supreme Court on Tuesday directed status quo with regard to an order of the Karnataka High Court which directed enhancement of ethanol allocation for the Ethanol Supply Year (ESY) 2025-26.
The top
court was hearing a plea filed by an oil marketing company which claimed that
the high court’s order would destabilise the national policy of 20 per cent
ethanol blending for petrol.
A bench of
Justices MM Sundresh and Sheel Nagu issued notice on the plea filed by the
Bharat Petroleum Corporation Ltd challenging the High Court order.
The High Court had directed the Bharat Petroleum Corporation Limited, Hindustan
Petroleum Corporation Limited and Indian Oil Corporation Limited to consider
and decide a representation submitted by a dedicated ethanol manufacturer
seeking enhancement of ethanol allocation for the Ethanol Supply Year (ESY)
2025-26.
The high
court had held that dedicated ethanol plants, which were established pursuant
to government policy and are contractually bound to supply ethanol exclusively
to Oil Marketing Companies (OMCs), cannot be denied the benefit of preferential
allocation contemplated under the Long-Term Offtake Agreement (LTOA).
Attorney
General R Venkataramani submitted that HC’s order directing OMCs to consider
enhancement of ethanol allocation to VINP Distilleries and Sugars would
destabilise the national policy.
The top
law officer submitted that the 20 per cent ethanol blending programme in petrol
is still an ongoing experiment and the impact of the policy would become
clearer by next year.
Venkataramani
pointed out that the ethanol supply contracts were concluded in October 2025.
He said
the ethanol allocation exercise attained finality on 17 October 2025, and
allocations were communicated to 378 suppliers for a total supply of 1,050
crore litres of ethanol, of which 680 crore litres had already been supplied by
them by 18 June.
If one
supplier’s quota was enhanced, other similarly placed suppliers would claim parity, which
would open litigation floodgates, he said.
In its plea before the top court, Bharat Petroleum said the private supplier VINP Distilleries cannot claim an absolute right to supply ethanol based on its designed production capacity, to the detriment of other suppliers, as allocations have been made to vendors.
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