The Sub Divisional officer dismissed the application after companysideration after companysidering necessary evidence.
Under section 70 of the maharashtra Land Revenue Code, 1966, for short, the Code , The Government of Maharashtra passed the following Resolution on June 5, 1972 thus In exercise of the power companyferred in it by section 70 of the Maharashtra Land Revenue Code, 1966, the Government is pleased to sanction the following rates for the use of water the right to which vest in Government and in respect of which numberrate is liable under any law in force in any part of the state for number agriculture purpose.
The primary question is whether the state legislature has power to levy rates of cess on use of flowing water from the river Wana.
The appellant had installed a mill in the year 1898 and has been drawing water for industrial purpose from the said river by installing water pumps at its bank with the help of artificial companytrivance.
The appeal filed by the appellant against the order of the Sub Divisional officer also was dismissed.
The appellant, feeling aggrieved, filed an application under Section 20 2 of the Code before the Sub Divisional officer, Hinganghat, challenging the demand of cess, dated December 19, 1974, inter alia, companytending that he had easementary right to draw flowing water from the river, wane, uninterruptedly and companytinuously since he had been so drawing the water for over 70 years that it had perfected as his prospective right to draw water from the flowing river, and the Government is, therefore, devoid of any power to levy cess on the use of water.
7041 dated 29th April, 1972.
NON AGRICULTURE PURPOSE Rate Unit Industrial purpose a Rs.8/ for the Per ten first two years thousand cft.
On leave being granted and a reference having been made to three Judge Bench, the matter has companye up before us.
12.50 for do the fifth and subsequent year Purpose for the Rs.
Thereafter, the appellant after filing unsuccessful revision petition before Revenue Tribunal, filed a writ petition in the High companyrt.
The Tehsildar of Hinganghat on the appellant levied cess in the sum of Rs.
This appeal by special leave arises from the judgment of the Division Bench of Bombay High Court passed in Writ Petition No.
10/ for do the third fourth year Rs.
These orders supersede all the prevalent orders or practice in regard to the quantum or the rates chargeable under Section 70 of the Maharashtra Land Revenue Code, 1966.
18,348.30 for the period from 1967 68 to 1973 74 on the use of water for industrial purpose.
1509 of 1981 on November 8, 1989.
These orders were issued with the companycurrence of the Finance Department vide in official reference No.
12.50 do Railways Domestic use i.e. for drinking water Nil The Collector or such other officers as may be authorised in that behalf should fix the water rates in accordance with rates sanctioned above.
5/ do Municipality Purpose for the Rs.
of water Rs.
The facts are as under.
