S. M. Modak, J.

1. In all these petitions, the petitioners have challenged the enhancement of water rates made as per Notification dated 28th November, 2002. This Notification is issued by the Irrigation Department of the State of Maharashtra. They have prayed for setting aside this Notification on the ground that it is an example of exceeding the limits prescribed for delegated legislation. So also, the petitioners have asked for declaring Section 70 of Maharashtra Land Revenue Code as unconstitutional.

2. The facts of every petition are slightly different. There is an Agreement for supply of free water executed with Ballarpur Industries Ltd. [predecessor-in-title of BILT Graphic Ltd.]. It was executed with Government of Central Provinces & Berar on 31st July, 1947. So also, there was a new agreement executed post-independence on 21st May, 1997. Whereas in case of Associated Cement Companies Ltd., there was a supply of water for cement plant. It was started in or about 1968 at district – Chandrapur. Company has not executed any agreement with Government. Whereas M/s. Ultratech Cement Co. Ltd., has executed an Agreement dated 23rd May, 1997 with Government. Their Cement Pla