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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU/SRINAGAR Reserved on: 02.09.2026 Pronounced on: 29.10.2026 Uploaded on: 29.10.2026 Whether the operative part or full judgment is pronounced: Full WP(C) No.3008/2024 CM Nos. 6821/2025 & 8179/2024 c/w WP(C) No.3324/2025 CM No.7584/2025 WP(C) No.3329/2025 CM No.7589/2025 (Srinagar Wing)

WP(C) No. 3008/2024 CM Nos. 6821/2025 & 8179/2024 M/S MASS N ERGY AND OTHERS ...PETITIONER(S)/APPELLANT(S)

Through: - Mr. Shariq J. Reyaz, Advocate, Ms. Humaira Sajad, Advocate, Mr. Rahul Sharma, Advocate, Ms. Rupali Sharma, Advocate, Mr. Akshaj Rahmatra, Advocate.

vs.

UNION OF INDIA AND OTHERS.

…RESPONDENT(S)

Through: - Mr. A. R. Malik, Sr. AAG, with Ms. Nisha Kangotra, Advocate Mr. T.M. Shamsi, DSGI, with Ms. Rehana Qayoom, Advocate (Jammu Wing)

WP(C) No. 3324/2025, CM No.7584/2025 MAGPIE HYDEL CONSTRUCTION OPERATION INDUSTRIES PVT. LTD.

...PETITIONER(S)/APPELLANT(S)

Through: - Mr. Pranav Kohli, Sr. Advocate, with Ms. Raunak Gupta, Advocate, Mr. Rahul Sharma, Advocate, Ms. Rupali Sharma, Advocate.

Mr. Akshaj Rahmatra, Advocate.

vs.

UNION OF INDIA AND OTHERS …RESPONDENT(S)

Through: - Mr. A. R. Malik, Sr. AAG, with Ms. Nisha Kangotra, Advocate WP(C) No.3329/2025, CM No.7589/2025 CHOUDHARY POWER PROJECTS PVT. LTD.

...PETITIONER(S)/APPELLANT(S)

2026.10.18 17:58 I attest to the accuracy and integrity of this document Through: - Mr. Pranav Kohli, Sr. Advocate, with Ms. Raunak Gupta, Advocate, Mr. Rahul Sharma, Advocate, Ms. Rupali Sharma, Advocate.

Mr. Akshaj Rahmatra, Advocate.

vs.

UNION OF INDIA AND OTHERS.

…RESPONDENT(S)

Through: - Mr. A. R. Malik, Sr. AAG, with Ms. Nisha Kangotra, Advocate CORAM: HON’BLE MR. JUSTICE RAJNESH OSWAL, UDGE HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

Sanjay Dhar ‗J‘:

1) Through the medium of the present judgment, we propose to decide the afore-titled three writ petitions involving identical questions of law and fact. In all the afore-titled three writ petitions, the writ petitioners have laid challenge to the Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010 (hereinafter referred to as ―the Act of 2010‖) and the rules framed thereunder, to the extent that the said legislation seeks to levy water usage charges for generation of electricity. Challenge has also been thrown by the writ petitioners to the demand notices issued by the respondents in respect of water usage charges for generation of electricity pursuant to the provisions contained in the impugned Act.

2) WP(C) No. 3008/2024, of Srinagar Wing of the High Court, has been filed by 11 companies, namely, M/s Mass N Energy Pvt. Ltd., M/s Gousia Road Construction Co., M/s Himalayan Musk Power Pvt. Ltd., M/s O2Z Trading and Industries Pvt. Ltd., M/s Renergy Power Producer Pvt. Ltd., M/s Pahalnar Power Pvt. Ltd., M/s SA Power Utilities Pvt. Ltd., M/s Khari Hydro Power Project Pvt. Ltd., M/s Sharika Enterprises Ltd., M/s P&R Engineering Services Pvt. Ltd. And M/s Rouf Infrastructures Pvt.

Ltd., to whom various independent hydro power projects have been allocated by the respondents for generation of hydroelectricity, by issuance of letters of allotment in their favour.

3) WP(C) No. 3324/2025, of Jammu Wing of the High Court, has been filed by M/s Magpie Hydel Construction Operation Industries Pvt. Ltd., that was allotted contract for development of small hydro power projects by the respondents at Mandi, Poonch, Athwatoo Bandipora and Tangmarg, Drang vide various letters of allotment.

4) WP(C) No. 3329/2025, of Jammu Wing of the High Court, has been filed by M/s Choudhary Power Projects Pvt. Ltd., that has been allotted the contract for development of small hydro power projects by the respondents at Upper Kalnai River in Kishtwar.

5) All the writ petitioners are independent power producers (IPPs) based in Union Territory of Jammu and Kashmir, to whom various independent hydro power projects have been allocated by the Government of the Union Territory of Jammu and Kashmir for generatio