CAPT KANWALJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners have impugned the Milk and Milk Products Order, 1992 (for short, the Control Order) issued by the Government of India, Ministry of Agricultural (Department of Animal Husbandry and Dairying Department) New Delhi, in exercise of the powers conferred by S. 3 of the Essential Commodities Act, 1955, vide Notification No. S. O. 405(E) dated June 9, 1992, published in the Gazette of India Extraordinary, Part -II, Section 3, Sub -section (ii) in this petition under Arts. 226/ 227 of the Constitution of India.

(2.) THE challenge has been made to the Control Order on the ground that 'Agriculture' is in Entry 14 of List II (State List) of Schedule VII to the Constitution of India, 'Dairying' is included in Agriculture and, as such, it is the State which can legislate on matters relating to production and sale of milk in the geographical areas administered by the State of Punjab. The right of the petitioners to sell their milk to the purchasers of their choice has been curtailed by disallowing more than one person to set up purchasing unit in a particular area termed as 'milk -shed'. The price of milk purchased from the dairy farmers is less as compared to the sale price of milk in the metropolitan cities as well as other urban areas. The price of toned milk is Rs. 7/ - per litre in Delhi as against the price of milk paid to the dairy farmers in Punjab, which is only Rs. 3.50 per litre. All other industries are being de -licensed. The dairy industry as well as dairying is being throttled for the benefit of a few inefficient and corrupt co -operative Administrators as well as favoured dairy industries.

(3.) THE Control Order is covered under Entry 33 (a) of List III (Concurrent List) of the VII Schedule to the Constitution. It will be useful to reproduce the relevant provisions of the Control Order: -