VIPIN SANGHI, RAVINDRA MAITHANI
T. H. D. C. India Ltd. through its CMD – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
[Ravindra Maithani, J.]
The constitutional validity of the Uttarakhand Water Tax on Electricity Generation Act, 2012 (“the Act”) is under challenge in all these matters. Except Writ Petition (M/S) No. 1739 of 2021, Renew Jal Urja Private Limited v. State of Uttarakhand and others, all the special appeals arise from a common judgment and order dated 12.02.2021, passed by the learned Single Judge, in the writ petitions filed by the appellants [except appellant in SPA No. 367 of 2021 i.e. the Uttar Pradesh Power Corporation Limited; this entity was respondent no. 7 in WP (M/S) No. 123 of 2017] challenging the validity of the Act. By the impugned judgment and order dated 12.02.2021, the learned Single Judge has upheld the constitutionality of the Act.
FACTS
2. The appellants/petitioner (“hereinafter referred to as “the appellants”)are power generating companies engaged in the production of electricity by using the river water. They own, operate and maintain these hydropower projects. These appellants entered into agreements with the Government of Uttarakhand on various dates. Th
Union of India vs. Shri Harbhajan Singh Dhillon
Pandit Banarsi Das Bhanot and Others v. State of Madhya Pradesh and Others
Municipal Corporation of Delhi v. Birla Cotton, Spinning and Weaving Mills, Delhi and Another
M/s Hiralal Rattanlal Etc. Etc. v. State of U.P. and Another Etc. Etc.
Sita Ram Bishambhar Dayal and Others v. State of U.P.
Sashi Prasad Barooah v. Agricultural Income Tax Officer and Others
M.K. Papiah and Sons v. Excise Commissioner and Another
Corporation of Calcutta and Another v. Liberty Cinema
Ashok Leyland Ltd. v. State of T.N. and Another
Keshavlal Khemchand and Sons Private Limited and Others v. Union of India and Others
Gwalior Rayon Silk Mfg. (WVG.) Co. Ltd. Vs. Asstt. Commissioner of Sales Tax and Others
In re The Delhi Laws Act, 1912 etc., 1951 SCC 568 : (1951) SCR 747 at 787, 982
Corporation of Calcutta v. Liberty Cinema
Kerala State Electricity Board v. Indian Aluminium Co, Ltd. and connected matters
Kasinka Trading and Another v. Union of India and Another
Union of India v. Indo-Afghan Agencies Ltd.
Century Spg. & Mfg. Co. Ltd. v. Ulhasnagar Municipal Council
Jit Ram Shiv Kumar v. State of Haryana (1981) 1 SCC 11 : (1980) 3 SCR 689
Union of India v. Godfrey Philips India Ltd.(1985) 4 SCC 369 : 1986 SCC (Tax) 11
Indian Express Newspapers (Bom) (P) Ltd. v. Union of India (1985) 1 SCC 641 : 1985 SCC (Tax) 121
Pournami Oil Mills v. State of Kerala
Shri Bakul Oil Industries v. State of Gujarat
Asstt. CCT v. Dharmendra Trading Co.
Amrit Banaspati Co. Ltd. v. State of Punjab
Union of India v. Hindustan Development Corpn.
Manuelsons Hotels Private Limited Vs. State of Kerala and Others
Union of India and others v. R.C. Jain and others
Krishi Upaj Mandi Samiti and others v. Orient Paper & Industries Ltd.
Commissioner of Income Tax, Udaipur, Rajasthan v. Mcdowell and Company Limited
State of Punjab and another v. Devans Modern Breweries Ltd. And another
Inderjeet Singh Sial and another v. Karam Chand Thapar and others; (1995) 6 SCC 166
Indsil Hydropower and Manganese Limited v. State of Kerala and others
Municipal Corporation of Delhi and others v. Mohd. Yasin
Southern Pharmaceuticals and Chemicals, Trichur and others v. State of Kerala and others
Kewal Krishan Puri and another v. State of Punjab and another
Subramaniyan Swami and others v. Raju through Member, Juvenile Justice Board and another
Om Prakash Agarwal and others v. Giri Raj Kishori and others
Devan Chand Builders & Contractors v. Union of India
Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar
B.R. Enterprises v. State of U.P.
State of Maharashtra vs. Bharat Shanti Lal Shah & others
M/S Burrakur Coal Co. Ltd. vs. Union of India and Others
CST vs. Radhakrishan and Others
Greater Bombay Coop. Bank Ltd. vs. United Yarn Tex (P) Ltd. and Others
State of Bihar and Others vs. Bihar Distillery Ltd. and Others
Kandukuri Balasurya Prasadha Row & another vs. The Secretary of State of India in Council
The Province of Madras vs. The Lady of Dolours Convent, Trichinopoly
Western India Theatres Ltd. v. Municipal Corporation of the City of Poona
Raza Buland Sugar Co. Ltd. vs. Municipal Board, Rampur
Nizam Sugar Factory vs. City Municipality, Bodhan & another
Anant Mills Co. Ltd. vs. State of Gujarat & others
Kendriya Nagrik Samiti, Kanpur vs. Jal Sansthan, Kanpur And Ors.
Raza Buland Sugar Co. Ltd v. Municipal Board
Nizam Sugar Factory Ltd. v. City Municipality (AIR 1965 AP 91)
Sudhir Chandra Nawn vs. WTO, (1969) 1 SCR 108, AIR 1969 SC 59
Ajoy Kumar Mukherjee vs. Local Board of Barpeta
State of W.B. v. Kesoram Industries Ltd. & others
Kunnathat Thathunni Moopil Nair v. State of Kerala
Ajoy Kumar Mukherjee v. Local Board of Barpeta
Vivian Joseph Ferreira v. Municipal Corpn. of Greater Bombay
Govt. of A.P. v. Hindustan Machine Tools Ltd.
Asstt. Commr. of Urban Land Tax v. Buckingham and Carnatic Co. Ltd.
Shri Prithvi Cotton Mills Ltd. v. Broach Borough Municipality
Ahmedabad Municipal Corporation vs. GTL Infrastructure Ltd. & others
State of W.B. v. Kesoram Industries Ltd.
Union of India & others vs. State of U.P. & others
Southern Petrochemical Industries Co. Ltd. vs. Electricity Inspector & ETIO
India Cement Ltd. & others vs. State of Tamil Nadu & others, (1990) 1 SCC 12
The Hingir-Rampur Coal Co. Ltd. and others vs. The State of Orissa & others
Sanjeev Coke Mfg. Co. v. Bharat Coking Coal Ltd.
R.K. Rekchand Mohota Spinning & Weaving Mills Ltd. vs. State of Maharashtra
Damodar Valley Corporation vs. State of Bihar & others
Indian Aluminium Co. & others vs. State of Kerala & others
Municipal Council, Kota, Rajasthan vs. Delhi Cloth & General Mills Co. Ltd., Delhi & others
Kartar Singh vs. State of Punjab
Devi Dass Gopal Krishnan, etc vs. State of Punjab & others
M/s Motilal Padampat Sugar Mills Co. Ltd. vs. State of Uttar Pradesh & others
Chattanatha Karayalar vs. State of Madras
Pandit Banarsi Das Bhanot vs. State of M.P.
The Corporation of Calcutta and another vs. Liberty Cinema
Municipal Corporation of Delhi vs. Birla Cotton Spinning & Weaving Mills, Delhi & others
M/s Hiralal Rattanlal etc. etc. vs. State of U.P. & another etc. etc.
M.K. Papiah & Sons vs. The Excise Commissioner & another; (1975) 1 SCC 492
Sashi Prasad Barooah vs. The Agricultural Income Tax Officer & others
Quarry Owner’s Association vs. State of Bihar & others
Keshavlal Khemchand and Sons Pvt. Ltd. & others vs. Union of India & others
Rajnarain Singh vs. Patna, Administration Committee, Patna, AIR 1954 SC 569
Syed Mohamed & Co. vs. The State of Madras
The Corporation of Calcutta & another vs. Liberty Cinema
Vasantlal Maganbhal Sanjanwala v. State of Bombay
Union of India v. Bhana Mal Gulzari Mal
Harishankar Bagla v. State of Madhya Pradesh
M/s Devi Das Gopal Krishnan etc. vs. State of Punjab & others
The Municipal Corporation of Delhi vs. Birla Cotton, Spinning and Weaving Mills, Delhi & another
M/s Sita Ram Bishambar Dayal & others vs. State of U.P.
State of Madras v. Gannon Dunkerley & Co. (Madras) Ltd.
Devi Dass Gopal Krishnan v. State of Punjab [AIR 1967 SCJ 1895 : (1967) 3 SCR 557 : 20 STC 430
M/s Hiralal Rattanlal Etc. Etc. vs. State of U.P. & another etc. etc.
Gwalior Rayon Silk Mfg. (Wvg.) Co. Ltd. vs. The Asstt. Commissioner of Sales Tax & others
M.K. Papiah & Sons vs. The Excise Commissioner & another
Sashi Prasad Barooah vs. The Agricultural Income Tax Officer & others
Quarry Owners’ Association vs. State of Bihar & others
Municipal Corpn. of Delhi v. Birla Cotton, Spg. and Wvg. Mills
Avinder Singh v. State of Punjab
Keshavlal Khemchand & Sons Pvt. Ltd. others vs. Union of India & others
Chattanatha Karayalar vs. State of Madras
M.P.V. Sundararamier and Co. v. State of A.P. and others
Hoechst Pharmaceuticals Ltd. and others v. State of Bihar and others
State of W.B. v. Kesoram Industries Ltd. and others
Godfrey Philips India Ltd. and another v. State of U.P.
M.P. Cement Manufacturers’ Association v. State of M.P. and others
India Cement Ltd. and others v. State of Tamil Nadu and others
Kartar Singh v. State of Punjab
Union of India v. Harbhajan Singh Dhillon
Rajendra Diwan v. Pradeep Kumar Ranibala and another
Association of Natural Gas v. Union of India
State of Karnataka v. State of Meghalaya
State of Bihar and others v. Bihar Distillery Ltd. and others
New Delhi Municipal Committee v. Life Insurance Corporation of India
Deepal Girishbhai Soni and others v. United India Insurance Co. Ltd.
State (NCT of Delhi) v. Union of India and another
GVK Industries Ltd. and another v. Income Tax Officer and another
Indian Aluminium Co. and others v. State of Kerala and others
ITC Ltd. v. Agricultural Produce Market Committee and others
Ahmedabad Municipal Corporation v. GTL Infrastructure Limited and others
Jindal Stainless Limited and another v. State of Haryana and others
Supreme Court Advocates on Record Association and another v. Union of India
Ashok Kumar Gupta and another v. State of U.P. and others
Jamshed N. Guzdar v. State of Maharashtra and others
Navtej Singh Johar and others v. Union of India
Saurabh Chaudri v. Union of India
Ashok Kumar Gupta v. State of U.P.
Synthetics and Chemicals Ltd. v. State of U.P. and others (1990) 1 SCC 109
M/s Ujagar Prints v. Union of India
Ashwani Kumar Singh v. U.P. Public Service Commission and Others
Commissioner of Income Tax v. Sun Engineering Works (P) Ltd. (1992) 4 SCC 363
Ajoy Kumar Mukherjee Vs. Local Board of Barpeta
M/s State of Tamil Nadu v. M/s Pyare Lal Malhotra and others
Union of India and others v. Bombay Tyre International Ltd. and others
Castrol India Ltd. v. Commissioner of Central Excise, Calcultta-1
Kandukuri Bala Surya Prasadha Row and Anr. v. The Secretary of State of India, Council
Raza Buland Sugar Co. Ltd. v. Municipal Board, Rampur
Anant Mills Co. Ltd. v. State of Gujarat and Others
K.S. Ardhnareeswarar Gounder v. Tahsildar, Bhavani and Others
Kendriya Nagrik Samiti, Kanpur and Others v. Jal Sansthan, Kanpur and Others
Second Gift Tax Officer v. D.H. Nazareth
R.S. Rekhchand Mohota Spinning and Weaving Mills Ltd. Vs. State of Maharashtra
Hingir Rampur Coal Co. Ltd. V. State of Orissa
Chhotabhai Jethabhai Patel & Co. v. Union of India
Central Bank of India v. Ravindra and others
Mahapalika of the City of Agra v. Agra Brick Kiln Owners Assn. and another
State of A.P. v. National Thermal Power Corpn. Ltd.
Union of India and another v. V.M. Salgaoncar and Bros. (P) Ltd. and others; (1998) 4 SCC 263
Damodar Valley Corporation v. State of Bihar and others
Southern Petrochemical Industries Co. Ltd. v. Electricity Inspector & Etio and others
Commissioner of Income-Tax, Bihar & Orissa, Patna v. Chunilal Rameshwar Lal
Union of India and another v. Vijay Chand Jain
Federation of Hotel and Restaurant Association v. Union of India
State of Karnataka v. Drive-in Enterprises
Prafulla Kumar Mukherjee v. Bank of Commerce
R.M.D.C. (Mysore) (P) Ltd. v. State of Mysore
Hari Krishna Bhargav[Hari Krishna Bhargav v. Union of India
Municipal Council, Kota v. Delhi Cloth and General Mills Co.
TVS Motor Company Limited v. The State of Tamil Nadu and others
Devi Dass Gopal Krishnan, etc. v. State of Punjab and others
Motilal Padampat Sugar Mills Co. Ltd. v. State of Uttar Pradesh and others
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.