B.S.Dhillon, J. - (1.) In this petition under Arts. 226 and 227 of the Constitution of India, the vires of clause 18 of the Haryana Cold Storage (Licensing and Regulation) Order, 1979, (hereinafter referred to as the Order), ere sought to be assailed. All the petitioners in the writ petition are the proprietors of Cold Storages situate at Shahbad Markanda District Kurukshetra, in the State of Haryana The vires of Clause 18 of the Order ere being impugned on various grounds which will be mentioned in the subsequent paragraphs of the judgment.
(2.) The provisions of Section 3 of the Essential Commodities Act, 1955 (hereinafter referred to as the Act) are as follows:- "3. Powers to control production, supply, distribution, etc. of essential commodities. (1) If the Central Government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplipes of any essential commodity or for securing their equitable distribution and availability at fair prices, or securing, any essential commodity for the defence of India or the efficient conduct of military operations, it may, by order, provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce therein. (2) Without prejudice to the generality of the powers conferred by sub-section (1), and order made thereunder may provide- (a) for regulating by licences, permits or otherwise the production or manufacture of any essential commodity; (b) for bringing under cultivation any waste or arable land, whether appurtenant to a building or not, for the growing thereon of food-crops generally or of specified food-crops, and for otherwise maintaining or increasing the cultivation of food-crops generally, or of specified food-crops; (c) for controlling the price at which any essential commodity may be bought or sold; (d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of, any essential commodity. (e) x x x x"
(3.) The provisions of Section 5 of the Act are as under:- "5. Delegation of powers: The Central Government may, by notified order, direct that the power to make orders or issue notification under Section 3 shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also- (a) such officer or authority subordinate to the Central Government, or (b) such State Government or such officer or authority subordinate to a State Government, as may be specified in the direction.";