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1985 Supreme(MP) 312
High Court Of Madhya Pradesh
G. L. OZA, B. M. LAL
DUGDH UTPADAK EVAM VIKRETA SANGH, JABALPUR - Appellant
Versus
STATE OF M.P. - Respondents
MISC. PETN. 2306 Of 1984
Decided On : 06/19/1985
Rajendra Tiwari, Y.S.DHARMADHIKARI
Headnote:(1) Essential Commodities (Exibition of Prices and Price Control) Order, 1977 (M.P.)-insertion of item no 13 milk'-G. S. R. No. 800 dated 9th June, 1978-prior concurrence of Central Government is essential-insertion of milk without such prior concurrence is invalid-Essential Commodities Act, 1955-Ss. 3 & 5.
(2) Essential commodities Act, 1955-Ss. 3 & 5-insertion of item No. 13 milk' in the Price Exibition Order-prior concurrence of Central Government is necessary.
The central Government under section 5, of the Essential Commodities Act, issued G.S.R. No. 800, dated 9th June, 1978 by which it empowered the State Government to make Orders to provide for matters specified in clauses (a) to (j) of sub-section (2) of Sec. 3 of the Act. This Order was subject to conditions, and condition 2 clearly provided that before making an order relating to any matter specified in classes (a), (c) or (f), the State Government was required to obtain prior concurrence of the Central Government. The State Government filed a document written by the Central Government. This letter of the Central Government indicated that no prior concurrence was given.
Held : This letter of the Central Government could not be said to be prior concurrence. The State Government exceeded its powers delegated to it under G. S. R. 800 by including milk as Item No 13 in the schedule of Exibition of Prices and Price Control Order, 1977, and by fixing the price of milk. Thus the notification of the State Government including milk in the schedule and the order conveyed through the Collector fixing maximum price of milk are without any lawful authority. [Para 17]
( 1 ) THIS is a petition filed by the petitioners seeking quashing of the amendment in the M. P. Essential Commodities (Exhibition of Prices and Price Control) Order, 1977, by which milk was included in the schedule to that order and also for quashing of the orders passed by the Collector, Jabalpur, No. 1984/khadya/84 and No. 2006/khadya/84, both dated 4th August, 1984, and also for a direction to restrain the respondents from enforcing the impugned orders by compelling the petitioners to sell milk at the rate of Rs. 5/- per litre according to these orders.
( 2 ) ACCORDING to the petitioners, petitioner No. 1 is a society registered under the Societies Registration Act, 1973, and this society has been formed to safeguard the interests of dairy owners and other persons who carry on the business of keeping milking animals, maintaining dairy, producing milk and selling milk at Jabalpur. It is also alleged that this society is also authorised to represent the milk producers of Jabalpur before the authorities and also to file petitions.
( 3 ) ACCORDING to the petitioners, petitioners Nos. 2 to 12 are carrying on the business of keeping milking animals, producing milk and selling milk at Jabalpur and they have been carrying on this business for several years. It is also alleged that they have to purchase animals, such as, cows, she-buffaloes, buffaloes and bulls and according to the petitioners the price of a Jercy cow is near about Rs. 7000/- per head and the price of a she-buffalo is Rs. 7000/- to Rs. 8000/- per head. The price of buffalo is about Rs. 4000/- and the price of a bull is about Rs. 5000/ -. It is also alleged that for carrying on the business as an economically viable unit, the petitioners are required to keep sufficient number of cattle-heads. They have also to engage menial staff for maintaining the animals and for other ancillary work. The petitioners also need the services of a veterinary doctor and they also need green fodder, concentrates, oil-seeds, oil-cakes etc. in sufficient quantity. It is alleged that the prices of chuni, bhusa and other concentrates and green fodders at Jabalpur are higher than those in other parts of the State and it is alleged that on this basis the petitioners have to incur an expenditure of about Rs. 5. 50 per litre as cost of production. The petitioners have also given a break-up of the expenditure incurred by them as under: 1. 8 Kg. concentrate (dana) per head @ Rs. 1. 60 per kg. :- Rs. 12. 80 2. Bhusa (dry fodder) per kg. :- Rs. 4. 00 3. Servant (per animal) :- Rs. 1. 50 4. Transport :- Rs. 1. 00 5. Misc. Expenses (services of a veterinary doctor,milk cans, baskets etc.) :- Rs. 0. 70 total :- Rs. 20. 00
( 4 ) THE petitioners have also given approximate expenditure incurred on dry animals as under: 1. 3 Kg. concentrates (dana) per head @ Rs. 1. 60 per kg. :- Rs. 4. 80 2. Bhusa (dry fodder) per kg. :- Rs. 6. 00 3. Servant (per animal) :- Rs. 1. 50 4. Misc. Expenditure (services of veterinary doctor,milk cans, baskets etc.) :- Rs. 0. 70 total :- Rs. 13. 00 on the basis of these calculations it is alleged by the petitioners that the cost of milk comes to Rs. 5. 50 per litre and if they are permitted to sell it at Rs. 6/- per litre, then they can get a profit of about 11%, i. e. 50 paise per litre. It is, also alleged that at Bhopal the milk is sold at Rs. 6/- per litre and at Raipur also it is sold at Rs. 6/- per litre.
( 5 ) IT is also alleged by the petitioners that at Indore the rate of milk is Rs. 4/- per litre, but according to the petitioners, the milk producers in that region have vast agricultural lands and grazing fields. They keep their dairies outside the city at a distance and at those places fodder concentrates are cheaper. It is also alleged that they do not have to purchase costly animals.
( 6 ) ACCORDING to the petitioners, milk and milk products are defined in Item No. A. 11 under the Prevention of Food Adulteration Act, 1955, and it is further alleged
