Odisha Sun Times Bureau
Bhubaneswar, Aug 1:

In Odisha as many as 129 companies, including government-run corporations, owe a whopping Rs 6169.732 crore towards Water Tax for the period between 2000 and 2014.

water tax billThis was revealed through the reply by the PIO of the office of Engineering-in-Chief, Water Resources in reponse to an RTI query by leading RTI activist Pradip Pradhan on June 27, 2014.

While the highest defaulter among  the government agencies is Burla Power House with Rs 4719. 83 crore pending against it, Sewa Paper Mill, Jeypore comes second with Rs 172.18 crore of unpaid water tax.

The PIO's  reply has listed 23 companies from who owe the government Rs 10 crore  or more towards water  tax.

Among them are Burla Power House; Sewa Paper Mill, Jeypore; NALCO, Angul;  OHPC Ltd, UKHEP, Bariniput; TTPS (NTPC) Chainpal; Bhusan Limited and Reliance Industries, Dhenkanal.

Here is a list of the  major companies  against whom  the water tax  worth Rs. 10 crores  or more is pending:

Sl.NoName of Company/ Factories/ InstitutionsArrear up to 31.3.14 
(Rs. In Lakhs)
Jarka Irrigation Division
1Nilachal Ispat Nigam Limited1626.87
2IDCO, Kalinga Nagar3403. 29
Mahanadi North Division , Jagatpur, Cuttack
3Arati Steel1321.31
Main Dam Division, Burla, Jharsuguda
4Orient Paper Mills, Brajaraja Nagar5292.080
5M.C.L., Brajaraj Nagar5022.766
6B.I.T.S., Bandhabahal1607.72
7Tata Refectories Limited, Belpahad1603.084
8Burla Power House471983.95
9M/s Bhusan Limited1545.435
10Viraj Steel and Energy704.078
11M/s Shyam DRI Pvt. Ltd2585.35
Head Works Division, Samal, Dist-Angul
M/s Odisha Power Consortium Ltd.3580.34
13OHPC Rengali Hydro Electric Project4276.00
Angul Irrigation Division
14NALCO, Angul28304.845
15TTPS (NTPC) Chainpal18574.958
16Jindal Steel and Power Ltd.1398.041
17Reliance Industries, Dhenkanal1088.023
18Shakti Sugar, Dhenkanal753.649
Berhampur Irrigation Division
19Indian Rare Earth Ltd.1375.816
Upper Kolab Head Works Divsion, Kolabnagar, Koraput
20NALCO ( M&R), Damanjodi4869.441
21Sewa paper Mill, Jeypore17218.835
22P.H.Division, Koraput1048.458
23OHPC, Ltd. UKHEP, Bariniput22121.95

The reply by the Water Resources department further reveals that only 13 out of 129 companies have brought stay order from Odisha High Court challenging water tax imposed by the state government.

They are :

Sl.NoName of CompanyYear of StayDetails of action taken to vacate the stay
1Sakti Sugars Ltd., Dhenkanal 20061.Counter affidavit  and Misc. Cases  filed by State Govt. on 13.4.07 and 5.2.20092. Additional affidavit filed by CE, Water Resources on 19.6.13
2Jayshree Chemicals, Berhampur Irrigation Division 2000EE, Berhampur Irrigation Division filed last affidavit on 10.2.09
3Canon Drunkerly and Co., Rayagada, Harabhanga Irrigation Division, Adava 2004Last Counter affidavit filed the state Govt. on 4.5.2009
4SE Railyways, Jharsuguda 2005Counter Affidavit filed by EE, Main Dam Division, Burla on 3.2.2009
5Tata Steels, Joda 2006Counter affidavit filed on 2006 and 2009Addl. Affidavit filed by CE, OWPO on 12.12.2011
6Aska Cooperative Sugar Industries Ltd. Bhanjanagar 2005EE., Bhanjanagar Irr. Division  filed Misc. Case in 2009.
7Ballarpur Industry (SEWA) Jeypore 2000Last Affidavit filed  CE, Water Resources in 2002Misc. Case filed by EE, UK Head Works Division in 2009
8Ballarpur Industries, Choudwar 2000Last Counter affidavit filed by EE, Mhanadi North Division in 2000
9Paradeep Phosphates LimitedCounter affidavit filed  in WP(C)  19097/2011
10Arati Steels Ltd. Cuttack 2000No  counter affidavit filed  in WP (C) No. 18501/2013
11Jindal steels aand Power Lid. not givenEE, Angul Irrigation Division  has been directed to file counter affidavit  in WP (C) No. 18635/13
12Emami Paper Mills Ltd., Balasore not givenEE, Balasore has filed counter affidavit  in WP (C) No. 6047/12
13Mahaveer Ferro Alloys Ltd.Sundargarh Irrigation Division not givenCounter affidavit filed on 11.11.13 in WP (C) No. 10147/13
Besides, Secretary and Addl. secretary, Water Resources  have filed further affidavits for full bench  hearing  of the cases  of the industries from Serial No. 1 to 8  of the list on 26.2.09 and 25.2.09 respectively  as per direction of Odisha High Court.

While the PIO's  reply states that the state government has engaged two advocates to fight the cases in the High Court, it has not provided any information on the money paid as professional fee to them.

The fact remains that while only 13 companies have challenged the quantum of water tax levied by the Odisha government one fails to understand why the government has not made any move to collect its dues from other companies.

What is evident from the reply is that in most of the cases, where companies have challenged their water tax bills, the state government has sat pretty after filing counter affidavits ( the last one was in 2009). Since then the cases have neither been heard nor has the government taken any steps for their quick disposal.

According to Pradhan, the lingering of the cases  in the High Court  has  affected  the  financial interests of the  state  and entailed a huge burden on the state  exchequer.

"But what is more important is that the whole game smells of an unholy nexus between the companies and the bureaucracy.What else explains the fact that defaulting companies continue to draw water without depositing a single paisa ?", Pradip Pradhan asked.