PANIPAT CO OPERATIVE SUGAR MILLS Vs. UNION OF INDIA
LAWS(SC)-1972-11-1
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on November 06,1972

PANIPAT CO OPERATIVE SUGAR MILLS Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

Shelat, J. - (1.) These three appeals, by certificate, arise out of three writ petitions filed in the High Court of Delhi for quashing the Sugar (Price Determination) Order, 1971 made under Sec. 3 (3C) of the Essential Commodities Act, 10 of 1955, and for a direction requiring the Central Government to refix the exfactory price for 1970-71 in respect of Sugar required to be sold to Government under Section 3 (2) (f) of the Act. The High Court dismissed the writ petitions and hence these appeals.
(2.) The appellants are three public limited companies having factories in Haryana State where they carry on the business of manufacturing and selling sugar, an essential commodity within the meaning of the Act. The Act empowers the Central Government to control the production and distribution inter alia of sugar with the object of maintaining its supply and its equitable distribution.
(3.) Under Section 3, the Central Government has been authorised to require a manufacturer of sugar to sell to it or to a State Government or any other authorised person either the whole of his stock or part of it at a fair price fixed by it. In pursuance of power reserved to it under Section 3 (2) (f) and Sec. 3 (3C), the Central Government required the sugar factories, including the appellant-companies to sell to it 60% of their production during the year 1970-71 at price fixed by it, the price fixed for the factories in Haryana zone under the impugned order being Rs. 124.63 per quintal.;


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