S.N. Variava, J. - (1.) This Civil Appeal is against the judgment dated 17th September, 1987 (reported in AIR 1988 Cal 336) delivered by a Division Bench of the Calcutta High Court. By this judgment the Division Bench dismissed the Appeal filed by the Appellant against a judgment of a learned single Judge of the Calcutta High Court which upheld the challenge of the 1st respondent to ordinances and Amendment Act set out hereinafter.
(2.) Briefly stated the facts are as follows: On 28th June, 1929 the Government of Uttar Pradesh granted to one M/s. Martin and Co. a licence for supply of electric energy. This licence was subsequently transferred to the 1st respondent. One of the terms of the licence was that at the end of the licence period the Government had a right to purchase the undertaking. The licence was for a period of 35 years. The 35 years period would thus end on 27th June, 1964. On 30th November, 1962 the Appellant served a notice on the 1st respondent, under Section 6(1) of the Indian Electricity Act, 1910 (hereinafter called the said Act). By this the Appellants called upon the 1st respondent to sell the undertaking to the appellant on the expiry of the period of 35 years from the commencement of the licence, i.e., at 12 O'clock in the night between the 27th and 28th June, 1964.
(3.) On February 4, 1975, Indian Electricity (U.P. Amendment and Validation) Ordinance No. 7 of 1975 was passed. This Ordinance amended certain provisions of the Indian Electricity Act. Subsequently this Ordinance was replaced by an Act namely Indian Electricity (U.P. Amendment and Validation) Act, 1976. The Ordinance and the Act amended amongst others Sections 6 and 7-A of the Indian Electricity Act.;