IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C)No. 4544 of 2011
M/s Tata Steel Limited. … … … …Petitioner
Versus
The State of Jharkhand & Others. … … …Respondents
CORAM: HON’BLE MRS. JUSTICE POONAM SRIVASTAV
For the Petitioner: Mr. S.K.Kapoor, Sr. Advocate
Mr. Manish Mishra, Advocate.
Respondents: Mr. Rajesh Shankar, Advocate.
Mr. Anil Kumar, Advocate.
02/ 10.10.2011 Heard Shri S.K.Kapoor, Sr. Advocate assisted by Mr. Manish
Mishra appearing on behalf of the petitioner and Mr. Rajesh Shankar as
well as Mr. Anil Kumar, Counsel appearing on behalf of the respondents.
The levy of water charges vide bill dated 30th April, 2011 is
impugned in the instant writ petition. Specific argument of the learned
Counsel is that water charges levied under the Jharkhand Irrigation Act
is without jurisdiction and without any valid assessment as required. No
specific rule or mode of assessment is provided and framed in
conformation with the Rule Making Power prescribed under Section 115
of the aforesaid Act.
Learned Counsel appearing on behalf of the State has prayed
for a week’s time to file counteraffidavit.
Prayer is allowed.
List this matter on 21st October, 2011 as the first case.
Till the next date of listing, the respondents are restrained
from disrupting water supply to the petitioner as well as adopt any
coercive measure against him in lieu of realization of the amount relating
the impugned bill. The petitioner shall continue to deposit an amount of
Rs.1,00,00,000/(one crore) per month, which is approximate amount
towards water charges.
[Poonam Srivastav,J.]
P.K.S.