STATE OF GUJARAT Vs. INDIAN RAYON

JUDGEMENT

(1.) At the time when the matter was heard, both the learned Advocates have agreed to the final disposal of this Letters Patent Appeal, as the Special Civil Application is pending before the learned Single Judge.

(2.) By way of this intra -Court appeal, the State has felt aggrieved by the interim order passed by the learned Single Judge. The operative portion of the said order dated 9.4.2013 reads as follows : -

(3.) The facts of the present case in brief are that the respondent herein is a Public Limited Company and is having a well nearby the Hiran River. It was found by the Executive Engineer, Irrigation Division, Junagadh as a canal Officer that the said well from which the respondent -Company is deriving water for industrial purpose is 332 meters away from the Hiran -II dam and 39.20 meters away from the right side of downstream of Hiran river and hence, under Section 48(A)(1) of the Bombay Irrigation Act, 1879, by communication dated 9th January, 2004, issued by the Executive Engineer, the respondent -Company was called upon to make the payment of water charges towards the usage of water from the well. Thereafter, the Company, respondent herein, preferred an appeal under Section 67 of the Bombay Irrigation Act before the Collector, Junagadh. However,by an order dated 27th May, 2004, Collector Junagadh sent the matter back to the Executive Engineer to take a fresh decision in the matter. Subsequent to the aforesaid, Executive Engineer, by order dated 11.6.2007 passed an order to the effect that the well from which the respondent -Company is deriving percolation water from such river and is using the water for the purpose of Non -irrigation (Industrial) and hence ordered to recover the water charges under Section 48(A) of the Bombay Irrigation Act, 1879.