ROHTAS INDUSTRIES LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) In these two applications under Articles 226 and 227 of the Constitution of India the constitutional validity of the Cement Control Order 1967 has been challenged.

(2.) In C. W. J. C. No. 319 of 1968 petitioner No. 1 is "Rohtas Industries Ltd.," which carries on, inter alia, the business of manufacture and sale of cement, having its registered office at Dalmianagar in the State of Bihar, where its cement factory is situated. In C. W. J. C. No. 320 of 1968 petitioner No. 1 is "Ashoka Cement Ltd.," which also carries on, inter alia, the business of manufacture and sale of cement, having its registered office at Dalmianagar in the State of Bihar, where its cement factory is situated. In both the applications petitioner No. 2 is Sri C. D. Mehra, a share-holder of petitioner No. 1.

(3.) As stated in the applications, the factory of Rohtas Industries Ltd., has a production capacity of about 1100 tonnes of cement per day and the factory of Ashoka Cement Ltd., has a production capacity of about 700 tonnes of cement per day. For the purpose of storing cement, the factory of Rohtas Industries Ltd., has constructed a godown known as "silo", which has a storage capacity of about 7000 tonnes, and the factory of Ashoka Cement Ltd., has constructed a "Silo", which has a storage capacity of about 3000 tonnes.