JUDGMENT

Dr. Mukundakam Sharma, J.

1. Leave granted.

2. The appeal is directed against the judgment and order dated 04.11.2009 passed by the High Court of Judicature at Bombay in Writ Petition No. 5834 of 2005. The said Writ Petition was filed by the appellant herein questioning the levy of increased water charges on ground that it cannot be given retrospective effect by the respondent herein.

3. The facts leading to the filing of the present appeal are that the appellant - PepsiCo India Holdings Pvt. Ltd. is incorporated in India under the Companies Act, 1956 for manufacturing and distributing carbonated soft drinks, bottled drinking water and other food products. Appellant stated that it is one of the leading manufacturers of Carbonated Soft Drinks and bottled drinking water in the entire State of Maharashtra and a significant portion of the entire national demand for the appellant’s product is met from the production made within the State of Maharashtra itself.

4. The State of Maharashtra, represented by Secretary, Deptt. of Industries, Mantralaya is respondent no. 1, the Maharashtra Industrial Development Corporation [“MIDC”] is respondent no. 2 which is responsible for infr