MAHABIR SUGAR MILLS PVT LTD Vs. UNION OFINDIA

JUDGEMENT

(1.) IN the above three Special Appeals and six writ petitions which have been consolidated for hearing, the common controversy involved concerns the validity of orders of the Additional Price Fixation Authority and appellate orders of the Central Government determining the additional price for sugarcane purchased by the appellants and the petitioners from the sugarcane growers and the Co-operative Societies of the sugarcane growers. The Special Appeals are directed against the judgment and order passed by learned Single Judges substantially dismissing the writ petitions but striking down the direction for payment of interest. Since in the aforesaid writ petitions similar questions are involved they have also been directed to be heard and decided by the Division Bench.

(2.) THE learned Single Judge in his judgment in Mahabir Sugar Mills (Pvt.) Ltd. v. Union of India and another under appeal has given a detailed history of the developments for linking the price of sugarcane purchased by the Sugar Producers in Uttar Pradesh from the cane growers or from the Co-operative Societies of cane growers with the sale price of the sugar produced. The appellants and the petitioners in the writ petitions are all manufacturers of sugar in their respective Sugar Factories, situate in different areas of Uttar Pradesh. They have challenged the orders of payment of additional price of sugarcane purchased by them.

(3.) THE Central Government having been authorised to pass an order with retrospective effect, on 1-1- 1962 the Sugarcane (Control) Amendment Order 1962 was made substituting a new clause 3-A for the old clause 3-A in the 1955 Order. The new clause 3-A reads:-