SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(UK) 562

VIPIN SANGHI, RAVINDRA MAITHANI
T. H. D. C. India Ltd. through its CMD – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
Mr. Sanjay Jain, Sr. Counsel assisted by Mr. Shobhit Saharia, Mr. Padmesh Mishra, Ms. Tanya Aggarwal, Ms. Harshita Sukhija and Mr. Nishank Tripathi, Mr. Arijit Prasad, Sr. Adv. assisted by Mr. Alok Mahra, Mr. Saurabh Kirpal, Mr. Meenal Garg, Mr. Kartik Nayar and Mr. Dharmendra Barthwal, Mr. D.S. Patni, Sr. Adv. assisted by Mr. Siddhant Manral, Mr. Sujit Ghosh, Mr. Nishant Kumar and Mr. Rohit Arora, Mr. U.K. Uniyal, Sr. Adv. assisted by Mr. Sitesh Mukherjee, Mr. Abhishek Kumar and Mr. Nived V.V.N., Adv., Mr. Amar Dave, Mr. Ankur Saigal, Mr. Vikas Bahuguna and Ms. Kamakshi Sehgal, Mr. Dinesh Dwivedi, Sr. Counsel assisted by Dr. Abhishek Atrey, Mr. Prateek Dwivedi, Mr. Shivam Singh and Mr. B.S. Parihar, Standing Counsel, Mr. Aditya Singh, learned Add. Chief Standing Counsel, Mr. Alok Mahra, learned counsel, Mr. Rajesh Sharma and Mr. Saurav Adhikari.

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

                                                                                                                                                                                                                          Click Here to Read the rest of this document
                                                                                                                                                                                                                          1
                                                                                                                                                                                                                          2
                                                                                                                                                                                                                          3
                                                                                                                                                                                                                          4
                                                                                                                                                                                                                          5
                                                                                                                                                                                                                          6
                                                                                                                                                                                                                          7
                                                                                                                                                                                                                          8
                                                                                                                                                                                                                          9
                                                                                                                                                                                                                          10
                                                                                                                                                                                                                          11
                                                                                                                                                                                                                          SupremeToday Portrait Ad
                                                                                                                                                                                                                          supreme today icon
                                                                                                                                                                                                                          logo-black

                                                                                                                                                                                                                          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                                                                                                                                                                                                                          Please visit our Training & Support
                                                                                                                                                                                                                          Center or Contact Us for assistance

                                                                                                                                                                                                                          qr

                                                                                                                                                                                                                          Scan Me!

                                                                                                                                                                                                                          India’s Legal research and Law Firm App, Download now!

                                                                                                                                                                                                                          For Daily Legal Updates, Join us on :

                                                                                                                                                                                                                          whatsapp-icon telegram-icon
                                                                                                                                                                                                                          whatsapp-icon Back to top