MUNICIPAL BOARD RAJSAMAND Vs. J K INDUSTRIES LIMITED

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) . This writ petition relates to the claim made by the petitioner-Municipal Board, Rajsamand to charge an amount by way of purported licence fee for the user of subsoil of land within the land adjacent to public road situated within the limits of Municipal Board, Rajsamand, by the respondent No.l.

(3.) The respondent No.l had laid an underground pipeline of 4 Kms. in length with the pipe of two feet circumference from Rajsamand to its factory gate situated at Kankroli. This pipeline runs throughout all along the pipeline laid by Public Water Works. The pipeline was laid in the year 1976. The permission for laying down such an underground pipeline from Rajsamand lake to the factory gate of the respondent No. 1 was granted by the Public Works Department, Udaipur vide letter dated 7-1- 1975.