Supreme Court of India · 1962-02-05
THE CALCUTTA GAS COMPANY (PROPRIETARY) LTD. vs THE STATE OF WEST BENGAL AND OTHERS
- Citation / case number
- SC 1961/111
- Court
- Supreme Court of India
- Petitioner
- THE CALCUTTA GAS COMPANY (PROPRIETARY) LTD.
- Respondent
- THE STATE OF WEST BENGAL AND OTHERS
- Bench
- SINHA, BHUVNESHWAR P.(CJ),SUBBARAO, K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.,AIYYAR, T.L. VENKATARAMA
Judgment text excerpt
The Supreme Court upheld the constitutional validity of the Oriental Gas Company Act, 1960, stating that the West Bengal Legislature had the competence to enact the law under Article 246 of the Constitution. The Court ruled that the appellant had locus standi to challenge the Act under Article 226 due to the abridgment of its lawful rights under the management agreement. The Court clarified that the legislative entries regarding industries must be harmonized, confirming that gas and gas-works are specifically governed by Entry 25 of List II, thus affirming the State's authority over such industries.