JUDGMENT
Yogeshwar Dayal, C.J.
(1) Petitioner has impugned the Delhi Cement: (Licensing and Control) Order, 1982. Submission of the petitioner is that such a control order for Cement could not be issued under Section 3(2)(d) of the Essential Commodities Act, 1955 as Cement is not an essential commodity Under Section 3 of the Essential Commodities Act, 1955, the production, supply and distribution can be controlled of the essential commodities. Essential commodity is defined in Section 2(a) Clauses (i) to (xi) of the Act. Clause (xi) of Section 2(a) provides as under :-
“ANY other class of commodity which the Central Government may, by notified order, declare to be an essential commodity for the purposes of this Act, being a commodity with respect to which Parliament has power to make laws by virtue of Entry 33 in List Iii in the Seventh Schedule to the Constitution.”
A perusal of this clause shows that a commodity would fall under Clause (xi) of Section 2(a) if (1) it is declared an essential commodity by the Central Government by a notified order and (2) it is a commodity with respect to which Parliament has power to make laws by virtue of Entry 33 in List Iii jn the 7th Schedule to the Constitution. The Central Government has declared Cement to be an essential commodity for the purpose of the Essential Commodities Act, 1955 by notified order No. So 3594 (ECA)/ 1/62 dated 24th November, 1962, Annexure P-9.
(2) The contention of learned counsel for the petitioner is that the second requirement does not exist inasmuch as Cement was not a commodity with respect to which Parliament has power to make laws by virtue of Entry 33 in List Iii in the Seventh Schedule to the Constitution. Relevant part of Entry 33 of List Iii in the Seventh Schedule reads as under :-
“TRADE and Commerce in, and the production, supply and distribution,- (a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest, and imported goods of the same kind as such products…”
(3) Under this entry the Parliament has power to make laws relating to Trade and Commerce in, and the production, supply and distribution of Cement if its control by the Union has been declared by the Parliament by law to be expedient in the public interest. This has been done by the Parliament by enacting Industries Development & Regulation Act, 1951. Section 2 of the Industries (Development & Regulation) Act, 1951 provides as under:-
“IT is hereby declared that it is expedient in the public interest that the Union should take under its control the industries specified in the First Schedule.”
(4) Cement is specified in the First Schedule. Therefore, both the requirements of Clause (xi) of Section 2(a) of the Essential Commodities Act have been fulfillled and the Cement is an essential commodity as defined under Section 2(a)(xi) of the Act. The petition, therefore, has no merit and is dismissed.