Punjab-Haryana High Court
M/S Star Wire (India) Ltd vs State Of Haryana And Others on 13 February, 2024
CWP-17586-2023 1 2024: PHHC:020076 281 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-17586-2023 DECIDED ON: 13.02.2024 M/S STAR WIRE (INDIA) LTD. ----_sy.. PETITIONER VERSUS STATE OF HARYANA AND OTHERS ____......... RESPONDENTS CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH. Present: Mr. Kshitij Sharma, Advocate for the petitioner. Mr. Vivek Saini, Advocate for respondent Nos.1 and 2. Mr. Pankaj Gupta, Senior Panel Counsel -- UOI, for respondent Nos.3 and 4. SANJAY VASHISTH, J (ORAL)
1. By way of present writ petition, petitioner -- M/s Star Wire (India) Limited, has prayed for issuance of the Writ in the nature of Certiorari, quashing the demand notice dated 13.05.2023 (Annexure P-8) whereby amount of more than Rs.90,00,000/- has been demanded repugnant to the provisions of Haryana Water Resources (Conservation, Regulation and Management) Authority Act, 2020, and also the notification dated 10.09.2021 (Annexure P-6).
2. Mr. Vivek Saini, Advocate, appearing on behalf of respondent Nos.1 and 2 produces a communication received by him from Chief Technical Officer (T.A.) through memo No.C.T.O. (Tech. /HWRA/2024/11 dated 13.02.2024, and office orders dated 09.06.2021 and 25.05.2022. Copy of the same are ordered to be taken on record. Registry is directed to tag the same at the appropriate place on the file.
3. While producing the said communication dated 13.02.2024, counsel for respondent Nos.1 and 2 submits that in fact, the remedy LAVISHA 2024.02.14 17:33 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, Chandigarh LAVISHA 2024.02.14 17:33 I attest to the accuracy and CWP-17586-2023 2 2024: PHHC:020076 available with the petitioner was through the mechanism as per which any project proponent can make representation before the Tariff Committee of Haryana Water Resources Authority.
4. On receipt of such representation, the Tariff Committee after detailed deliberations, forwards its recommendations before the Authority for its final decision.
5. Therefore, counsel for respondent Nos.1 and 2 submits that still, if the petitioner wishes to file his representation to avail the remedy available to him under the mechanism apprised through the letter dated 13.02.2024, same would be decided by the Tariff Committee by forwarding a reasoned recommendation.
6. Upon this, counsel for the petitioner seeks withdrawal of the present petition, at this stage, and submits that he would submit his representation as suggested through the communication dated 13.02.2024 by the Chief Technical Officer.
7. In view of the submissions addressed by counsel for the petitioner, present writ petition is disposed of as having been withdrawn. However, till the time said representation is finally decided, recovery qua rest of the amount shall remain stayed and no coercive method would be adopted for the said purpose, subject to the deposit of 50% of the demanded amount.
8. It is further clarified that petitioner is bound to pay the amount over and above the amount already paid by it and the same would be payable along with the interest, in accordance with law.
9. With the said observations, present petition stands disposed of.
(SANJAY VASHISTH) 13.02.2024 JUDGE Lavisha Whether speaking/reasoned _ Yes/No Whether reportable Yes/No authenticity of this order/judgment Punjab & Haryana High Court, Chandigarh