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1997 Supreme(SC) 148

B.P.JEEVAN REDDY, G.T.NANAVATI, S.C.AGRAWAL
Malaprabha Co-operative Sugar Factory – Appellant
Versus
Union Of India – Respondent


( 1 ). A batch of Civil (including the above-mentioned two appeals), special leave petitions, writ petitions, transfer petitions and transferred cases challenging the fixation of price of levy sugar for the years 1974-75 to 1979-80, by orders issued under Section 3 (3-C) of the Essential Commodities Act, 1955, was disposed of by this court by a common judgment dated 22/9/1993. This court held that the impugned orders/notifications were bad as the price was not fixed in accordance with the relevant provisions of law. However, it did not quash the notifications as they would have led to a nebulous situation during the interregnum till refixation of price. Instead of quashing the said notifications it directed the Union of India to amend the notifications taking into account the liability of producers of sugar under clause 5-A of the Sugarcane (Control) Order, 1966 (hereinafter referred to as the "1996 Order"), having regard to the factors mentioned in Section 3 (3-C) of the Act. The government was also directed to issue the amended notifications by 31/12/1993.

( 2 ). The Union of India was not satisfied with the judgment and, therefore, filed Review Petitions Nos. 211 and 212 of 1994






















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