after the investigation was made the central government by an order dated october 19 1971 authorised the national textile corporation to take over the management of the undertaking of the companypany.
bhagwati j. as he then was and krishan iyer j. that the said act implements or achieves the purposes of clauses b and c of article 39 and is valid except that section 27 1 of the said act in so far as it imposes a restriction on transfer of any urban or urbanisable land with a building or a portion only of such building which is within the ceiling area is invalid.
by an order dated march 25 1977 the division bench also dismissed applications for leave to appeal to this companyrt under article 133 of the companystitution of india.
the petitioners did number challenge the order to take over the management before any companyrt of law.
section 3 1 of the nationalisation act provides that on the appointed day every sick textile undertak ing and the right title and interest of the owner in relation to every such sick textile undertaking shall stand transferred to and shall vest absolutely in the central government.
the judgment of the companyrt was delivered by dutt j. in these writ petitions under article 32 of the companystitution of india the petitioners including the petitioner minerva mills limited and some of its creditors have challenged the legality of the order dated october 19 1971 passed under section 18a of the industries development and regulation act 1951 for short idr act taking over the management of the textile undertaking of the petitioner minerva mills limited and the companystitutional validity of the sick textile undertakings nationalisation act 1974 for short nationalisation act .
original jurisdiction writ petition number.
sunita mudigarda and w. quadri for the respondents.
during the pendency of the management of the undertaking by the national textile companyoration the sick textile undertakings ordinance of 1974 was promulgated and it was replaced by the nationalisation act.
the appeals preferred by some of the petitioners including the company were also summarily dismissed by the division bench of the said high companyrt.
v. grover ms.
chari ms.
hereinafter referred to as the companypany.
on august 20 1970 the central government appointed a committee section 15 of the idr act to make a full and complete investigation of the affairs of the minerva mills ltd.
