LAWS(SC)-2023-10-76

SOLARIS CHEM TECH INDUSTRIES LIMITED Vs. ASSISTANT EXECUTIVE ENGINEER KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD

Decided On October 10, 2023
Solaris Chem Tech Industries Limited Appellant
V/S
Assistant Executive Engineer Karnataka Urban Water Supply And Drainage Board Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises from a judgment dtd. 18/6/2018 of a Division Bench of the High Court of Karnataka at the Dharwad Bench. The Division Bench has dismissed a Writ Appeal and thereby affirmed the correctness of an order dtd. 27/2/2018 of a Single Judge dismissing the writ petition filed by the appellant.

(3.) The appellant set up a factory in 1975 for the manufacture of Caustic Soda at Village Binaga in North Kanara District, Mysore. On 5/7/1971, an agreement was entered into between the Government of Mysore and the appellant for the continuous supply of water at concessional rates for the operation of the factory. The agreement was valid for a period of 20 years from the commencement of production. On 3/4/1987, the State Government constituted the Karnataka Urban Water Supply and Drainage Board[1] in accordance with the Karnataka Urban Water Supply and Drainage Board Act, 1973. The Board was supplying water to the appellant for industrial use as well as for non-domestic use.