U P STATE SUGAR CORPORATION Vs. BURWAL SUGAR MILLS CO LTD
LAWS(SC)-2004-2-138
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on February 24,2004

UTTAR PRADESHSTATE SUGAR CORPORATION Appellant
VERSUS
BURWAL SUGAR MILLS CO. LTD. Respondents

JUDGEMENT

- (1.) U.P. State Sugar Corporation Limited, appellant herein, is a company registered under the provisions of the Companies Act, 1956. It is owned and controlled by the State Government. In the year 1971, U.P. Sugar Undertakings (Acquisition) Ordinance, 1971 (U.P. Ordinance 13 of 1971) was issued which was replaced by U.P. Sugar Undertaking (Acquisition) Act, 1971 (for short 'the Act'). The objects of the Act as given in the Statement of Objects and Reasons are as follows : "The owners of certain sugar mills of the State or their lessees had created serious problems for the cane growers and labour which created an adverse impact on the general economy of the areas, where those mills were situate. The only solution of these problems was for the State Government to take immediate steps to acquire with a view to renovating those and rehabilitating mills or carry out improvement therein.
(2.) Accordingly, a legislation was prepared to acquire such mills, which provided for acquisition of properties and assets pertaining to those mills and for payment of compensation for the same and for the replacement of the dues of cane-growers, labourers and of the Government out of the amount or compensation and for other connected and incidental matters.
(3.) To prepare the mills for crushing before the next crushing season, the usual annual repairs (which are carried out during off season) had to be carried out well in time and since the time available was short, immediate action was called for. As both the Houses of the State Legislature were not in session, the Governor promulgated the Uttar Pradesh Sugar Undertakings (Acquisition) Ordinance, 1971 on July 3, 1971.;


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