BHARAT KHANDASARI SUGAR MILLS Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The petitioners in these Writ Petitions are manufacturers of Khandasari Sugar. In all these Writ Petitions the validity of Molasses Control (Amendment) Order, 1968 applying the provisions of the Molasses Control Order, 1961 to molasses prepared during the manufacture of Khandasari Sugar by the open pan process and fixing the price of such molasses at o. 67 nP. per 100 Kgs. is challenged.

(2.) The Union Legislature enacted the Industries (Development and Regulation) Act (LXVof 1951), in order to provide for the development and regulation of certain industries. Under section 2 of the said Act it was declared that it is expedient in the public interest that the Union should take under its control the industries specified in the First Schedule. For the purpose of these Writ Petitions it is sufficient to note that item 25 of Schedule I is Sugar and Item 26 is fermentation industries.

(3.) This Act was amended in 1953 by Act XXVI of 1953. One of the amendments effected by this Act was the introduction of Chapter 3-B relating to control of supply, distribution, price etc. of certain articles. This chapter consists of one single section 18-G. Section 18-G is in the following terms: "The Central Government in so far as it appears to it to be necessary or or expedient for securing the equitable distribution and availability at fair prices of any article or class of articles relatable to any schedule industry, may notwithstanding anything contained in any other provision of this Act by notified order, provide for regulating the supply and distribution thereof and trade and commerce therein.