Bombay High Court
M/S Gmr Warora Energy Ltd. Thr. ... vs Maharashtra Industrial Development ... on 7 December, 2021
Author: Anil L. Pansare
Bench: S.B. Shukre, Anil Laxman Pansare
1 W.P.No.5002.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 5002 OF 2021
M/s GMR Warora Energy Ltd.,
..VS..
Maharashtra Industrial Development Corporation, Warora and Ors.,
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri Jugalkishor Gilda, Senior Advocate a/b Shri Shreeyash Lalit
Advocate with Shri A. J. Gilda, Advocate for petitioner.
Shri J. B. Kasat, Advocate for respondent Nos.1 & 2.
Smt. K. S. Joshi, Government Pleader for respondent Nos.3 & 4.
CORAM : SUNIL B. SHUKRE AND
ANIL L. PANSARE, JJ.
DATED : 07.12.2021
1. Heard Shri Gilda, learned senior counsel for the petitioner.
2. The contention is that on ad hoc basis water charges, payable by the petitioner for the weir, which the petitioner-company has constructed across Wardha river, could not have been enhanced by M.I.D.C., in ignorance of its obligation to consider the effect of clause 18 of Agreement dated 01st November, 2013 and also in violation of the Maharashtra Water Resources Regulatory Act, 2005 where-under a Maharashtra Water Resources Regulatory Authority has been constituted to regulate water resources within the State of Maharashtra, 2 W.P.No.5002.2021 facilitate and ensure judicious, equitable and sustainable management, allocation and utilization of the water resources and also to fix the rates for use of water for all purposes.
3. Issue notice for final disposal at admission stage to the respondents, returnable after two weeks.
4. Shri J. B. Kasat, learned Advocate waives service of notice for respondent Nos.1 and 2 and Smt. Joshi, learned G.P. waives service of notice for respondent Nos.3 and 4.
5. Meanwhile, having considered the submission made across the bar by learned Senior Advocate and having perused Clause-18 of the agreement of the construction of weir at Marda, Tq. Warora, Dist. Chandrapur dated 01st November, 2013 and also the provisions governing the scope of the Maharashtra Water Resources Regulatory Authority, we direct that there shall be interim stay in terms of prayer clause (iv), until further orders, subject to the condition that the petitioner shall continue to pay the water charges at the current rate, which is stated by the petitioner is of Rs.2.20 per cubic meter of water consumption and also subject to the petitioner giving an undertaking to this Court that in case of dismissal of the petition, the petitioner shall pay all the arrears of the water charges. Undertaking to be furnished within one week from the date of the order.
3 W.P.No.5002.20216. Authenticated copy of the order be furnished to both sides.
7. Stand over after two weeks.
JUDGE JUDGE
Kirtak
Digitally Signed By:KIRTAK
BHIMRAO JANARDHAN
Signing Date:08.12.2021
11:05