A.D.KOSHAL, D.A.DESAI, R.S.PATHAK, S.MURTAZA FAZAL ALI, V.R.KRISHNA IYER
Ishwari Khetan Sugar Mills Private LTD. : R. B. Lachmandas Sugar And General Mills Private LTD. – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT
DESAI, J. (On behalf of himself and V. R. Krishna Iyer and S. Murtaza Fazal Ali, JJ.) (Majority Judgment):— Acquisition of industrial undertakings involved in manufacturing sugar, a commodity satisfying the basic necessity, in larger public interest and the attempt of the owners of the undertakings to thwart the same, paints the familiar landscape in this group of appeals.
2. As a sequel to the serious problems created by the owners of certain sugar mills in the State of Uttar Pradesh for cane growers and labour employed in sugar mills, having an adverse impact on the general economy of the areas where these sugar mills were situated and with a view to ameliorating the situation posing a threat to the economy, the Governor of Uttar Pradesh promulgated an Ordinance on July 3, 1971, styled as U. P. Sugar Undertakings (Acquisition) Ordinance, 1971 (13 of 1971) (Ordinance for short) with a view to transferring and vesting sugar undertaking set out in the Schedule to the Ordinance in the U. P. State Sugar Corporation Ltd. (Corporation for short), Government Company within the meaning of S. 617 of the Companies Act, 1956. Subsequently, by U. P. Sugar Undertakings (Acquisition) Ac
relied on : Baijnath Kadio v. State of Bihar
State of Haryana v. Chanan Mal
Rustom Cavasjee Cooper v. Union of India
Hiahmundry Electric Supply Corpn. Ltd. v. State of A. P.
State of Bihar v. Kameskwar Singh
State of W. B. v. Union of India
Kannan Devan Hills Produce Co. Ltd. v. State of Kerala
Kerala S. E. B. v. Indian Aluminium Co.
State of Karnataka v. Ranganatha Reddy
distinguished : Hingir-Rampur Coal Co. Ltd. v. State of Orrisa
State of orissa v. M. A. Tulloch and Co.
Baijnath Radio v. State of Bihar
State of Haryana v. Chanan Mat
Kesavananda Bharati v. State of Kerala
relied on : Rustam Cavasjee Cooper v. Union of India
overruled : P. Vajravelu Mudaliar v. Spl.Dy. Collector, Land Acquisition
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