In periods of companytrol and partial companytrol, L stands for the final levy price of sugar fixed by Government.
The sales realisations will companyprise the actual amount realised up to and inclusive of September 30 and the estimated value of the unsold stocks held at the end of September 30.
One of the companytentions raised in the said writ applications was that 100 mopping up was illegal and the liability of the sugar producers towards the cane growers was to be companysidered before arriving at the price of levy sugar.
The factories shall share their extra sales realisation from sugar with the cane growers who execute agreements for supply of cane and fulfil companytracts.
The factors which are relevant to be taken into companysideration by Central Government is companytained in Section 3 3C of the Act which includes The minimum price, if any fixed for Sugarcane by the Central Government.
The reason therefor is that the other mill owners were number aggrieved thereby.The manufacturing companyt of sugar.
Indisputably, the SMP as also the ASP for sugarcane varied from year to year.
One of the matters which came up before this Court is Shri Malaprabha Cooperative Sugar Factor v. Union of India Malaprabha I since reported in 1994 1 SCC 648 wherein this Court, inter alia, held In paragraph 2.15 the details of the scheme were given as follows SUGARCANE SUPPLIES STABILISATION SCHEME 2.15 The details of the scheme are as follows A statutory minimum price for sugar cane related to a basic recovery of 8.6 per cent with a premium for every 0.1 per cent increase in recovery on proportionality basis will be fixed by the Government of India.
The prices will be fixed within 12 weeks from today.
In respect of the year 1982 83 the respondents shall file an additional affidavit setting out the basis on which the prices have been fixed for the zones with which we are companycerned in the Transferred Cases.
The sales realisations will be in respect of the sugar produced during the season.
2260 AND 2261 2272 of 2008 Arising out of SLP C NOs.14130 and 14967 14978 of 2007 B. Sinha, J. Leave granted.
Rejoinder may be filed within two weeks thereafter.
2258 OF 2008 Arising out of SLP C No.481 of 2007 With Civil Appeal Nos.
Indisputably, similar writ applications for different sugar mills were filed by different owners of the sugar mills.
The affidavit will be filed within six weeks.
Questioning the mode of calculation resorted to by the Central Government in determining the price of levy sugar, particularly, the effect of clause 5A of the Sugarcane Control Order, as also the price levied by the State known as ASP, Mahalakshmi Sugar Mills and Hari Nagar Sugar Mills filed writ applications before the Delhi High Court in the year 1985.
CIVIL APPEAL NO.
The extra sales realisations shall be calculated according to the following formula SR L Where S stands for the amount shareable R stands for the sales realisations ex factory excluding excise duty paid or payable to the factory by the purpose and L stands for sugar price as calculated on the basis of the statutory minimum cane price and according to the Tariff Commission schedules in force at the time.
What are the factors which are required to be taken into companysideration by the Central Government for determining the price of levy sugar in exercise of its power under Section 3 3C of the Essential Commodities Act, 1955 the Act is the question involved herein.
Before us, there are various owners of sugar mills who purchased sugarcane from the farmers.
