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        Case ID :

        1974 (8) TMI 114 - SC - Indian Laws

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        Price fixation under control orders need only be reasonable and within power; later seasonal revision creates no compensation right. Price fixation under the Sugar (Control) Order, 1966 was treated as a legislative function that must have a reasonable nexus with the statutory purpose ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                          Price fixation under control orders need only be reasonable and within power; later seasonal revision creates no compensation right.

                          Price fixation under the Sugar (Control) Order, 1966 was treated as a legislative function that must have a reasonable nexus with the statutory purpose and the estimated cost of production, but need not follow a rigid formula or the Commission's schedules as binding rules. The Court stated that the ex-factory sugar price was not shown to be arbitrary, unreasonable, or ultra vires. It also held that clause 7 permitted price fixation from time to time within the season, and did not create any enforceable right to mandamus, compensation, damages, or readjustment because a later revision did not adjust an earlier valid fixation.




                          Issues: (i) Whether the ex-factory sugar price fixed by the Central Government under clause 7 of the Sugar (Control) Order, 1966 was arbitrary, unreasonable, or beyond the scope of the power conferred by the control order. (ii) Whether the second fixation of price within the same crushing season, and the absence of any adjustment for the earlier fixation, entitled the appellants to mandamus, compensation, or readjustment.

                          Issue (i): Whether the ex-factory sugar price fixed by the Central Government under clause 7 of the Sugar (Control) Order, 1966 was arbitrary, unreasonable, or beyond the scope of the power conferred by the control order.

                          Analysis: The power to fix price was held to require only that the Government have regard to the estimated cost of production on the basis indicated in the relevant schedule, not that it adopt any rigid or exhaustive formula. The schedules in the Sugar Enquiry Commission report were treated as guide-lines, leaving room for the Government to select relevant data and region-wise material. Price fixation under the control order was treated as a legislative measure, not a quasi-judicial determination, though it still had to bear a reasonable nexus to the purpose of the power and not rest on extraneous considerations or arbitrariness.

                          Conclusion: The fixation was not shown to be arbitrary, unreasonable, or ultra vires, and no breach of a mandatory duty was established.

                          Issue (ii): Whether the second fixation of price within the same crushing season, and the absence of any adjustment for the earlier fixation, entitled the appellants to mandamus, compensation, or readjustment.

                          Analysis: Clause 7 was held to contemplate fixation of price from time to time and did not create any requirement of only a provisional fixation followed by a final seasonal fixation, nor any obligation to compensate manufacturers for losses caused by an earlier fixation. The practice of revising prices during or at the end of the season was found consistent with the nature of ex-factory price fixation. The Court also noted that no enforceable right to damages or readjustment was shown, and that proceedings against the Government were additionally barred by the statutory protection for actions done in good faith.

                          Conclusion: The appellants were not entitled to any writ, mandamus, compensation, or readjustment on account of the two price notifications.

                          Final Conclusion: The challenge to the sugar price notifications failed, as the Government's price fixation was within power and no enforceable legal basis for judicial interference was made out.

                          Ratio Decidendi: Price fixation under a control order will not be struck down unless it is shown to be arbitrary, unreasonable, or based on extraneous considerations, and a statute empowering fixation from time to time does not imply an obligation to compensate for losses caused by an earlier valid fixation within the same season.


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