Allied Blenders And Distillers Pvt Ltd / Abd Limited (Formally Known Bda Ltd) Aurangabad v. The State Of Maharshtra And ANR

{1} 218 n 219 sr. nos.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9221 OF 2011 WITH WP/9176/2011 WITH CA/3441/2012 IN WP/9176/2011 WITH WP/9302/2011 WITH CA/2433/2012 IN WP/9302/2011 WALUJ INDUSTRIES ASSOCIATION AURANGABAD THR PRESIDENTAND ORS

VERSUS

THE STATE OF MAHARSHTRA AND AND ORS ...

Advocate for Petitioners : Mr. Sachin Dankh AGP for Respondent Nos. 1 to 3 : Mr. B.V. Virdhe. Advocate for respondent Nos. 4 to 7 : Mr. S.S. Dande. With WRIT PETITION NO. 9303 OF 2011 WITH CA/2488/2012 IN WP/9303/2011 RADICO NV DISTILLERIES MAHARASHTRA LTD.

VERSUS

THE STATE OF MAH AND ANR ...

Advocate for Petitioner : Mr. P.K. Joshi AGP for Respondents: Mr. S.M. Ganachari.

Advocate for respondent No.2 : Mr. S.S. Dande. CORAM : S.V. GANGAPURWALA & K.K. SONAWANE, JJ.

DATE : 1ST AUGUST , 2016.

PER COURT:

1] The petitioners in all these writ petitions assail the orders and the circulars thereby directing the petitioners to pay the Water Charges, as demanded.

2] We have heard Mr. P.K. Joshi and Mr. Sachin Dankh for respective petitioners and Mr. Dande, Advocate for the respondent MIDC. 3] It is submitted that the petitioners use water as raw material

{2} 218 n 219 sr. nos.odt and the charges have been revised w.e.f. 1st November, 2001. Petitioners were also advised to pay the difference for the period preceding 1st October, 2011.

4] The learned counsel for the petitioners have canvassed submissions, however, Mr. Dande, learned counsel for the respondents points out the judgment of the Division Bench of this Court delivered at its Principal Seat at Bombay, in W.P. No. 2683 of 2012, wherein, similar challenge as made in the present writ petitions is negatived and the report of NEERI has been accepted.

5] For the reasons stated in the said judgment dated 1st October, 2012, in W.P. No. 2683 of 2012, the present Writ Petitions also stand disposed of, thereby negativing the challenge raised by the present petitioners. It is submitted that the petitioners have reduced the intake of water as raw material by advanced techniques. The petitioners in that case, may make a representation with the respondent which shall be considered by the respondent on its own merits, in accordance with law. Writ petitions are accordingly disposed of. No costs. In view of the disposal of the writ petitions, civil application, if any, also stands disposed of. [K.K. SONAWANE] [S.V. GANGAPURWALA] JUDGE JUDGE.

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