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GAUTAM KUMAR CHOUDHARY
Hindustan Copper Ltd. – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
GAUTAM KUMAR CHOUDHARY, J.
Since the matters involve common question of law regarding enhancement/imposition of water rent/cess by the State Authorities-respondents, therefore, they are being heard together and will be disposed of by this common order.
W.P. (C) No. 1581 of 2010
1. Petitioner-Company, Hindustan Copper Ltd. is involved in mining activity for which 542.72 acres of land at Rakha Mines and 437.09 acres of land at Musabani had been acquired. This company was previously known as Indian Copper Corporation, but was taken over by the Central Government under (Acquisition of Undertakings) Act, 1972 and had been granted mining lease for copper. Since 1928 onwards, the Company claims to be utilizing the uninterrupted flow of water from Subernrekha river.
2. This writ petition is for quashing the letter No.1041 dated 19.11.2009 issued by the Executive Engineer, Subarnrekha Canal Division, Ghatsila—Respondent No.4 whereby a demand of Rs. 7,05,83,363/- has been raised as water cess under Section 62 of the Bihar Irrigation Act, 1997 by way of the notification.
3. Some argument made in this case are common to argument raised on behalf of other petitioners. It is argued by the S
Infrastructure Laws - Levy Cess/tax/fee from industrial houses for river water lifted by them for industrial purpose - As per Kerala Irrigation Water Conservation Act, 2003 and Rules framed in 2005 w....
The State has the legislative competence to levy cess on water use even from flowing rivers for industrial purposes, as confirmed under Article 246 and Section 70 of the Maharashtra Land Revenue Code....
Imposition of royalty on captive power generation without legislative authority violates constitutional provisions and is discriminatory, particularly when no prior contractual agreement exists for s....
Unfairness of demanding arrears based on retrospective reassessment of water charges when a concluded contract and benefit passed on to consumers.
The court emphasized the principle of fairness in contractual agreements and the importance of upholding executed contracts.
Increase in water supply charges - Executive function includes “initiation of legislation, maintenance of the order and carrying on supervision, General Administration of to the State.
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