AMAR JOTI BUILDERS Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by 28 brickkiln owners, who are manufacturing bricks in the Union Territory of Delhi, to challenge various provisions of the Delhi Bricks (Distribution, Sale Movement and Price) Control Order, 1963, which was promulgated by the then Chief Commissioner of Delhi in exercise of power under section 3 of the East Punjab Control of Bricks Supplies Act, 1949, extended to Delhi. It also challenges various orders and directions issued by the authorities concerned in purported exercise of the powers under the aforesaid Order and the prosecutions launched against the petitioners for breach of such conditions. This writ petition was amended by adding another ground of attack as allowed by this Court by order dated October 10, 1972. With the writ petition, the petitioners have filed a copy of the aforesaid Order as annexure 'A'. It is, however, not disputed that the aforesaid Order was amended in 1963 itself and we have heard arguments upon the vires of the amended Order, hereinafter referred to as "the Order".

(2.) Section 3 of the aforesaid East Punjab Control of Bricks Supplies Act, 1949, hereinafter referred to as "the Act" empowers the Chief Commissioner insofar as it appears to him to be necessary or expedient for controlling the supply of- bricks or for securing their equitable distribution and availability at reasonable prices to provide, by notified order, in regard to bricks,-

(3.) Clause 2 of the Order contains the definition clause and the relevant definition is of "consumer" which means a person who acquires bricks for use in construction and not for transfer to any other person by sale or otherwise. The petitioners contended that the entire Order; the fixation of prices in exercise of powers under the Order and the directions issued by the authorities concerned were repugnant to Articles 19(l)(f) and (g) and 14 of the Constitution but during the course of arguments, the challenge was confined to clause 4 read with Clauses II and 12 and Clause 6 of the Order and to the fixation of prices and the aforesaid directions. We will deal with these challenges in the order mentioned.