Ranjan Gogoi, C.J. - (1.) C.M. No. 3978 of 2011
(2.) ALLOWED . Affidavit is taken on record. C.W.P. No. 15976 of 2009 Exchange of pleadings being complete and elaborated arguments having been heard, a common final order in the six cases under consideration is being passed. A recital of the facts involved in CWP No. 15976 of 2009 would be a sufficient elucidation of facts involved in all the cases.
(3.) THE Petitioner in C.W.P. No. 15976 of 2009, M/s. Greenline Developers Pvt. Limited, is a scheduled industry covered by the provisions of the Water(Prevention and Control of pollution) Cess Act, 1977 (hereinafter referred to as the Cess Act). A pro forma Cess Verification was carried out under the provisions of the Cess Act in the premises of the Petitioner by which the daily water consumption under different heads was determined as 1,25,000/ - Kilo Litres though in the same pro forma against column No. (iv) the daily consumption from all sources was computed at 1,25,000 litres. The pro forma was signed by the Assistant Environment Engineer of the Haryana State Pollution Control Board as well as by representative of the Petitioner company. On the basis of the aforesaid pro forma an assessment order dated 24.12.2008 was passed for the period 1.2.2004 to 30.9.2008 quantifying the consumption at 70,00,000 Kilo Litres and the amount payable at Rs. 2,10,000/ -. The Petitioner filed an appeal against the said assessment before the Appellate Committee constituted under Rule 9 of the Water (Prevention and Control of Pollution) Cess Rule, 1978. The Appellate Authority by order dated 24.8.2009 maintained the order of the Assessing Authority. In the appellate order it has, however, been recorded that Shri Vijay Chaudhary, Assistant Environment Engineer had informed the Appellate Authority that "quantity given by the Appellant in the return was considered for verification of cess as there was no other measure adopted by the unit to check the water consumption as the unit has not provided magnetic flow meters.";