INDIAN OIL CORPORATION LIMITED Vs. EXECUTIVE OFFICER
LAWS(SC)-1997-12-44
SUPREME COURT OF INDIA
Decided on December 11,1997

INDIAN OIL CORPORATION LIMITED Appellant
VERSUS
EXECUTIVE OFFICER Respondents

JUDGEMENT

- (1.) The appellant Municipal Corporation of Greater Bombay, is aggrieved f against the judgment and order of the High court of Judicature at Bombay in having explained away and deviated from its earlier decision in Lalji Mulji v. State of Maharashtra. [1965 67 Bom LR 484]
(2.) The instant case, as also Lalji Mulji case', arose in the context of Section 31 of the Petroleum Act, 1934, which reads as follows: "31.Power to limit powers of local authorities over petroleum.-Where 9 any enactment confers powers upon any local authority in respect of the transport or storage of petroleum, the central government may, by notification in the Official Gazette,- (A) limit the operation of such enactment, or (B) restrict the exercise of such powers, in any manner it deems fit. "
(3.) A plain reading of the provision establishes that the provision can be employed to limit the operation of an enactment of the kind or restrict exercise of powers conferred on a local authority under it in respect of the transport or storage of 2 petroleum. Equally it does not require much effort to observe that inter alia the subjects petroleum and petroleum products are comprehensively within the scope of Entry 53 of List I of the Seventh Schedule to the Constitution. It also does not require much effort to connect the Entry with the provisions above-quoted.;


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