HINDUSTAN PAPER CORPORATION LTD. versus GOVERNMENT OF KERALA & OTHERS

HINDUSTAN PAPER CORPORATION LTD. versus GOVERNMENT OF KERALA & OTHERS

Section 6 of the Kerala Forest Produce (Fixation of Selling Price) Act, 1978, validly confers power on the Government to grant exemption in public interest to government companies and co-operative societies; such provisions do not violate Article 14 as these entities form a distinct class, and the notification issued under section 6 is validly supported by public interest considerations.

Parties
Appellant: Hindustan Paper Corporation Ltd.; Respondents: Government of Kerala & Others
Jurisdiction
India
Judgment Date
16 April 1986
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Kerala High Court
Outcome
Appeals allowed; judgment of the High Court set aside; writ petitions dismissed.
Legal Topics
Constitutional Validity of Exemption Provision, Discrimination Under Article 14, Exemption for Government Companies, Regulation of Forest Produce Prices
Constitutional Law Administrative Law Forestry Law Constitutional Validity of Exemption Provision Discrimination Under Article 14 Exemption for Government Companies Regulation of Forest Produce Prices

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Parties

Hindustan Paper Corporation Ltd.

Appellant

Government of Kerala & Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Kerala High Court

Legal Issues

  1. 1 Whether section 6 of the Kerala Forest Produce (Fixation of Selling Price) Act, 1978 is violative of Article 14 of the Constitution
  2. 2 Whether notification exempting government companies from section 5 is valid

Ratio Decidendi

Section 6 of the Kerala Forest Produce (Fixation of Selling Price) Act, 1978, validly confers power on the Government to grant exemption in public interest to government companies and co-operative societies; such provisions do not violate Article 14 as these entities form a distinct class, and the notification issued under section 6 is validly supported by public interest considerations.

Court Disposition

Appeals allowed; judgment of the High Court set aside; writ petitions dismissed.

Orders

  • Section 6 of the Kerala Forest Produce (Fixation of Selling Price) Act, 1978 is held constitutionally valid.
  • Impugned notification exempting government companies is upheld.