RATTAN INDIA POWER LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this writ petition filed under Article 226 of the Constitution of India, the petitioner seeks a writ in the nature of certiorari and after setting aside adverse orders, a direction to the respondents to apply Irrigation Potential Restoration Charges (hereinafter referred to as IRC), as per Government Resolution dated 21.02.2004 with respect to the water allocated to the petitioner, based on deficit in water for irrigation as per the latest report. The prayers have been amended and a prayer to restrain the respondents from recovering interest as per demand letters dated 17.01.2013 and 04.02.2013 has been added. Hiwever, no arguments are advanced on this interest aspect.

(2.) It appears that the petition was presented at Bombay as Writ Petition No. 1487 of 2013 and there, on 05.05.2014, this Court noted that ad interim order / arrangement was operating as per statement of respondents made before it on 26.02.2013. On 17.06.2014, the Court noticed that the petitioner had already paid an amount of Rs.116.57 crores to the Government towards IRC including an amount of Rs.10 crores deposited on 21.05.2013 and granted ad interim stay of coercive recovery of balance amount. On 03.08.2015, the Bench at Bombay felt that the matter should have been presented at Nagpur and it was accordingly returned to the Advocate for the petitioner. This matter has then been presented at Nagpur.

(3.) The petitioner is a Public Limited Company registered under the Companies Act, 1956, and it produces electricity. For that production, it requires assured supply of water constantly. It is not in dispute that because of deficit of electricity in Maharashtra, Respondent No. 1 - State introduced a policy viz., "Mega Power Policy" to promote private investment in power generation sector. As per that policy and guidelines thereunder, the petitioner offered to make investment and set up Thermal Power Project (T.P.C.). According to the petitioner, it agreed to invest about Rs.15,000/ - crores in setting up of a 2700 MW Thermal Power Project at Amravati and Respondent No. 1 - State gave necessary permission. Circular dated 21.02.2004 isssued by the State regulate allocation of water for non -irrigational purposes. The petitioner sought water allocation in December 2007 and High Power Committee accepted it in its meeting dated 13.05.2007. Water agreement was then executed on 22.09.2008.