NDLI: West U.p. Sugar Mills Association & Ors. Vs. The State of Uttar Pradesh & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Sugarcane supply and purchase
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India U.p. Sugarcane (regulation of Supply and Purchase) Act, 1953 (24 of 1953) Essential Commodities Act, 1955 (10 of 1955)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Reference Answered
Headnote	U.P. Sugarcane (Regulation of Supply and Purchase) Act,1953 – s.16 – Authority of State of U.P. to fix the State AdvisedPrice (SAP) paid over and above the minimum price fixed by CentralGovernment – Matter referred by three Judge Bench having notedconflict between two Constitution Bench judgments, Ch. Tika Ramji& Others, Etc. v. The State of Uttar Pradesh & Others [1956] SCR 393and U.P. Cooperative Cane Unions Federations v. West U.P. Sugar MillsAssociation and Others (2004) 5 SCC 430 – Held: Factual matrix andthe relevant provisions which fell for consideration in Tika Ramjiand in U.P. Coop. Cane Unions Federations case were altogetherdifferent – Concept of fixation of minimum price by Central Govt.vis-à-vis SAP to be fixed by State Government under the 1953 Act,never fell for consideration in Ch. Tika Ram – While, in U.P. Coop.Cane Unions Federations it was rightly held that there is noinconsistency or repugnancy in fixing the remunerative/advisedprice by the State Govt. and the “minimum price” fixed by CentralGovt. – And that if the price fixed by the State Govt. is higher thanthat fixed by the Central Govt., there will be no inconsistency orrepugnancy as it is possible for both the orders to operatesimultaneously and to comply with both of them – View taken by theConstitution Bench in U.P. Coop. Cane Unions Federations is thecorrect law – No conflict between the two decisions in Tika Ramjiand U.P. Coop. Cane Unions Federations case – Matter not requiredto be referred to a larger Bench of seven Judges – U.P. Sugarcane(Regulation of Supply and Purchase) Order, 1954 – Sugarcane(Control) Order, 1955 – Clause 3 – Essential Commodities Act, 1955– s.3(2)(c) – Sugarcane (Control) Order, 1966 – Clause 3 –Constitution of India – Art.254; List III of Seventh Schedule –Interpretation of Statutes.Constitution of India – List III of Seventh Schedule – Entries33 and 34 – Power to fix price of sugarcane – Held: By virtue ofEntries 33 and 34, List III, Seventh Schedule, both the CentralGovernment as well as the State Government have power to fix theprice of sugarcane – Central Government having exercised the powerand fixed the minimum price, the State Government cannot fix theminimum price of sugarcane – However, it is always open for theState Government to fix the advised price which is always higherthan the minimum price – U.P. Sugarcane (Regulation of Supplyand Purchase) Act, 1953 – s.16 – Sugarcane (Control) Order, 1966.Sugarcane (Control) Order, 1966 – Held: 1966 Order issuedu/s.16, 1953 Act confers power upon the State Government to fixthe remunerative/advised price at which sugarcane can be boughtor sold – This price shall always be higher than the minimum pricefixed by Central Government – U.P. Sugarcane (Regulation ofSupply and Purchase) Act, 1953 – s.16.U.P. Sugarcane (Regulation of Supply and Purchase) Act,1953 – s.16 – If repugnant to s.3(2)(c), 1955 Act and Clause 3 of1966 Order – Held: No – Essential Commodities Act, 1955 – s.3(2)(c)– Sugarcane (Control) Order, 1966 – Clause 3.Constitution of India – Art.254; List III of Seventh Schedule– Repugnancy in laws – Held: Question of repugnancy in List III,Seventh Schedule, where both the Union and the States have thepower to enact a law, arises only where there is an actualirreconcilable conflict between the two laws.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2020 INSC 346
Petitioner	West U.p. Sugar Mills Association & Ors.
Respondent	The State Of Uttar Pradesh & Ors.
SCR	[2020] 9 S.C.R. 530
Judgement Date	2020-04-22
Case Number	7508

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