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2022 Supreme(SC) 1118

UDAY UMESH LALIT, S. RAVINDRA BHAT, J. B. PARDIWALA
OCL India Ltd. – Appellant
Versus
State of Orissa – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Sunil Kumar Jain, AOR Ms. Rashika Swarup, Adv. Mr. Pawan Shree Agrawal, Adv. Mr. Braj Kishore Mishra, AOR Mr. Abhishek Yadav, Adv. Mr. S.K. Bagaria, Sr. Adv. Mr. Syed Shahid Hussain Rizvi, AOR Mr. Ajit Singh, Adv. Mr. Zeeshan Rizvi, Adv. Mr. Anas Zaidi, Adv.
For the Respondent(s): Mr. Kanhaiya Priyadarshi, AOR Mr. Bhakti Vardhan Singh, AOR Mr. Rakesh Dwivedi, Sr. Adv Mrs. Kirti Renu Mishra, AOR Ms. Apurva Upmanyu, Adv. Mr. Aryan Tripathy Adv. Ms. Monika Dwivedi, Adv.

JUDGMENT :

S. Ravindra Bhat, J.

1. Since common questions of law relating to the interpretation of “local area” occurring under Entry 52 of List II of the Seventh Schedule to the Constitution are involved, this Court by its order dated 26.03.2015 referred the issue for the decision of a larger bench. The reference order took note of a previous Constitution Bench ruling in Diamond Sugar Mills Ltd. & Anr. v. State of Uttar Pradesh & Anr., (1961) 3 SCR 242 where the court held that a “local area” would be an area which is administered by a local body such as a municipality, a district Board, a local board, a Panchayat or the like and that factory premises are not covered by the aforesaid expression. The court also took note of the Constitution (Seventy-fourth) Amendment Act, 1992 which introduced Article 243-Q relating to the constitution and administration of municipal bodies and held that having regard to these developments, the issues which need adjudication in the present appeals have to be considered by a larger bench. Hence, the appeals are listed before this Bench.

2. For a proper determination of the issues involved, it would be necessary first to notice Entry 52 of List II which


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