Niyam v2 is live — start for just ₹100 — 200 credits to try

december 2003

Supreme Court of India · 2003-12-09

M.P. Cement Manufacturers' ... vs State Of Madhya Pradesh & Ors

Citation / case number
AIRONLINE 2003 SC 745
Court
Supreme Court of India
Petitioner
M.P. Cement Manufacturers' ...
Respondent
State Of Madhya Pradesh & Ors
Author
Ruma Pal
Bench
Ruma Pal, P.Venkatarama Reddi

Judgment text excerpt

The Supreme Court upheld the constitutional validity of the Madhya Pradesh Upkar (Sanshodhan) Adhiniyam, 2001, which imposed a cess on captive power producers, ruling that the State Legislature had the authority to legislate on the matter under Entry 53 of List II of the Constitution. The Court found that the amendment did not violate Article 14 as it was not discriminatory and clarified that the requirement for consultation under Section 12(3) of the Madhya Pradesh Vidyut Sudhar Adhiniyam, 2000 was not applicable since the ordinance was promulgated prior to the enactment of the Sudhar Adhiniyam. The appeals challenging the amendment were dismissed, affirming the levy of the cess.

M.P. Cement Manufacturers' ... vs State Of Madhya Pradesh & Ors · Niyam