- (1.) The present writ petition has been preferred for the following prayer:-- That in the instant writ petition by way of Public Interest Litigation the petitioner prays for issuance of an appropriate writ, rule/order/direction for quashing the circular dated 21.8.2012 being circular No. 05/2012 and 06/2012 issued by the Chairman-cum-Managing Director, Heavy Engineering Corporation Limited, Ranchi contained in Annexure-1 to the writ petition by which, the respondent No. 1 in arbitrary exercise of power has illegally enhanced the rate of water charges by 16/20 times more than the prevailing rate of water charges with effect from 1.8.2009 which is highly excessive exorbitant and without any basis whatsoever and the petitioner further prays for a direction to the respondent No. 1 to fix/determine the rate/charge with respect to supply of water in H.E.C. Township for domestic purpose which may be fair, reasonable and in accordance with law and for such other relief or reliefs to which the petitioner is legally entitled to. Learned counsel appearing for the petitioner submitted that the petitioner is residing in the colony of the Heavy Engineering Corporation Limited (hereinafter referred to as 'H.E.C.' for the sake of brevity). The water charge which the respondent-Company was charging, has been enhanced by 16-20 times than the prevailing rates and, therefore, the present petition has been preferred as public interest litigation. Learned counsel for the petitioner has also pointed out what were the existing charges and what are the new charges of consumption of water, as imposed by respondent-Company. Learned counsel for the petitioner also submitted that the charges cannot be enhanced by respondent No. 2 by 16-20 times and, therefore, the same deserves to be quashed and set aside.
(2.) Learned counsel for the petitioner has also submitted that the Government might be charging higher amount from the H.E.C., but, there is no callous connection by the employees with the Government. The colonies belong to the H.E.C. They are residing in the colonies, since long. There are approximately one lakh person residing and, therefore, this application may be treated as public interest litigation and the order of exorbitant water charges, imposed by respondent No. 1 may be quashed and set aside.
(3.) We have heard learned counsel appearing for respondent No. 1, who has submitted that detailed counter affidavits have been filed and lastly the affidavit has been filed on 1st August, 2013. It is submitted by the learned counsel for respondent No. 1 that the H.E.C. has a township having 11,109 residential quarters of different types and non-residential buildings, shops, schools etc. in different sectors of the township. The H.E.C. collects drinking water in bulk from the Drinking Water and Sanitation Department of the Government of Jharkhand and they have to pay sizeable amount to the Government to the tune of Rs. 1323.14 lakhs, whereas, the H.E.C. has recovered Rs. 424.91 lakhs from the users. The H.E.C. is a Central Government company, owned, managed, run and financed by the Central Government. The amount due and found payable from the Government of Jharkhand is a much higher amount and, therefore, because of shortfall in the recovery of Rs. 228.46 lakhs, they have increased the water charges, not with a view of profit out of this, at no profit no loss basis. The water charges have been increased after several years and whatever amount is collected by way of the water charge is being paid to the Government of Jharkhand. It is further submitted by learned counsel for respondent No. 1 that all these figures have been mentioned in detail, in the counter affidavit filed in the month of August 2013 and the Company is not making any profit out of the water charges. Moreover, scientific is the distribution of the burden of the water charges to the different types of quarter possessors. These details have also been given in paragraph 12 onwards of the counter affidavit filed by respondent No. 1 in the month of August 2013 and it is submitted that the amount of water charges, which has been enhanced, is in fact no enhancement in the eye of law because whatever is charged by the Government of Jharkhand is being levied from the possessors of the quarters of the H.E.C. A comparative chart levied by the Ranchi Municipal Corporation has also been mentioned in paragraph No. 2 and it is submitted that the H.E.C. is charging much lesser amount than what is levied by the Ranchi Municipal Corporation. In this set of circumstance, this writ petition may not be entertained by this Court.;