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1998 Supreme(SC) 802

S.B.MAJMUDAR, J.JAGANNADHA RAO
Gujarat Ambuja Cement LTD. – Appellant
Versus
Union Of India – Respondent


Judgment

S.B. Majmudar, J.-Leave granted in S.L.P.(C) No. 13097 of 1998.

In this group of matters, a common judgment rendered by the Division Bench of the High Court of Madhya Pradesh at Jabalpur, dismissing various writ petitions filed by the writ petitioners has been brought in challenge. In order to appreciate the grievance of the appellants viz. writ petitioners who have filed these appeals on grant of special leave under Article 136 of the Constitution of India, it is necessary to note a few background facts.

Background Facts :

2. The appellant-writ petitioners are manufacturers of cement. Their manufacturing plants are located in different parts of the country. For manufacturing cement, essential raw material is coal. During the relevant period with which this group of matters is concerned, namely, from 1.1.1989 to 31.3.1996, coal was controlled commodity being treat­ed as an ‘essential commodity’ under the Essential Commodities Act, 1955 (hereinafter referred to as ‘the Act’). Prior to the independence of the country, there was in force Colliery Control Order, 1945, wherein as per clause 4 thereof, price for supply of coal to the consumers was controlled. The said scheme was con





























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