K.JAYACHANDRA REDDY, K.MADHAVA REDDY
Mustafa Hussain – Appellant
Versus
Union of India (UOI) – Respondent
JAYACHANDRA REDDY, J.
( 1 ) THE Parliament, in furtherance of the directive principles enshrined in Article 39 (b) of the Constitution of India, enacted the Esso (Acquisition of Undertakings in India) Act, 1974, the Burmah Shell (Acquisition of Undertakings in India) Act, 1976 and the Caltex (Acquisition of Shares of Caltex Oil Refining (India) Ltd. and of the Undertakings in India of Caltex (India) Ltd.) Act, 1977, hereinafter referred to as the Esso Acquisition Act", "the Burmah Shell Acquisition Act", The Caltex Acquisition Act", respectively. The main object underlying each of these Acts is to acquire the right, title and interest of the three major oil companies carrying on in India the business of distributing and marketing petroleum products with a view to subserve the common good. As per some of the provisions which are common to each of these Acts, the right, title and interest of each of the oil companies in relation to its undertaking in India stood transferred and vested in the Central Government. Section 5 of the Esso Acquisition Act deals with leases and right of tenancies of the Esso with third parties in respect of the properties existing on the appointed day, and l
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