2016 (5) TMI 1597 - HC - Indian Laws

Direction to the respondents to apply Irrigation Potential Restoration Charges - water allocated to the petitioner, based on deficit in water for irrigation as per the latest report - HELD THAT:- The water allocation is finalized on 12.12.2007 after High Power Committee accepted it in its meeting dated 13.05.2007. On 16.08.2008 sanction is granted for permanent water allocation of 87.60 MCM from completed Upper Wardha Project and it is to be operational only after agreement is made. As per clause 13, though action was to be taken within three years, period was extended up to 31.05.2012. The Petitioners have paid the amount in installments and not when it was determined or water was reserved for it. The petitioner has, in communication dated 10.05.2012, agreed to pay Rs. 232.18 Crores in five installments over a period of two years with interest. Hence, for this delayed payment of IRC, interest of justice demands that it must pay the interest @ 10% per annum.

It is declared that the demand of IRC at revised rate i.e. as per decision dated 06.03.2009 from the petitioners is illegal and unsustainable. Said decision dated 06.03.2009 fixes maximum rate of IRC at Rs. One lakh per Hectare prospectively from 01.04.2009 and is not applicable in case of petitioner to whom water allocation is finalized on 12.12.2007. Hence the Respondents shall accordingly receive the IRC at the rate of Rs. 50.000/- per Hectare with interest.

Petition allowed in part.