VALUJ INDUSTRIES ASSOCIATION Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a group of petitions presented by individual industrial units conducting the manufacturing activity within Maharashtra Industrial Development Corporation (MIDC), either at Chikalthana or Waluj Industrial area at Aurangabad, except Writ Petition No. 4263/2005, to which Industries Association has also joined as party petitioner.

(2.) Petitioners are raising challenge to the notices issued by MIDC in respect of levy of water charges at revised rates. The revision of rates by MIDC is at three different stages during the span of last seven years. Writ Petitions presented in 2005 raise challenge to the notice dated 25-5-2005, issued by MIDC, for the purposes of recovery of revised water charges, whereas, Writ Petitions presented in 2007 raise challenge to the revision of water rates at later point of time and recovery proceedings initiated by the MIDC for the purposes of recovery of revised water charges by issuing notices on 14-5-2007 and 15-5-2007.

(3.) The respective industrial units have entered into an agreement with MIDC at the time of securing possession of the industrial plots, MIDC is responsible for extending necessary infrastructural amenities to the industrial units established within the MIDC area. In terms of the agreement executed by the respective industrial units with MIDC, it is the responsibility of the MIDC to supply water at the rates to be prescribed by the MIDC. It is not disputed that Maharashtra Industrial Development Corporation (MIDC) has authority to revise water charges, however, grievance raised by petitioners is founded on different grounds, including upward revision of rates being quite exorbitant. It is contended by petitioners that in the year 2001, charges for use of water supplied to the industrial units, levied by the MIDC, were at the rate of Rs. 9/- per cubic metre, which were subsequently raised to Rs. 15.50 per cubic metre. However, there was a downward revision thereafter for certain period and water charges were recovered at the rate of Rs. 12.50 per cubic metre.