1) The following categories of Bulk Water Users are only eligible to petition the Authority / Primary Dispute Resolution Officer through their Authorized Representatives
(a) Water User Associations at minor level, distributary level, canal level, project level, natural flow system.
(b) Domestic Water User Utilities such as the Maharashtra Jivan Pradhikaran, Maharashtra Industrial Development Corporation, Municipal Corporations, Urban Local Bodies, Gram Panchayats.
(c) Industrial Users such as Maharashtra Industrial Development Corporation, privately owned industrial estates.
(d) Other individual Bulk Water users having an agreement with the Water Resource Department.
(e) Any registered organisation representing officially the interests of any of theabove.
2) Institution, form and content of Pleadings —
(1) All applications / appeals shall contain a clear and concise statement of the facts with material particulars, the cause of action, the relief sought, the applicable provisions of law.
(2) The application / appealought to include the following particulars—
(a) the statutory provisions and the Regulations under which the same is being filed before the Authority;
(b) reasons why the Authority has juris diction to try, entertain and dispose of the same;
(c) whether filed within the specified time frame and whether the applicant / appellant is seeking condonation of delay and on grounds there on;
(d) a statement of disclosure whether the applicant/appellant has filed any other application/appeal in any of the court in India in respect of the subject matter and if so the details there of.
(3) All pleadings to be filed before the Authority are to be handwritten / typewritten / cyclostyled / printed, neatly and legibly on one side of durable paper with consecutive page numbering.The contents of the pleadings are to be divided appropriately into separate paragraphs, numbered serially.The sums and numbers to be expressed in both words and figures.The pleadings shall be in English or Marathi. Every alteration, interrelations and erasure in the pleading is to be initialed.
(4) The appropriate fee shall be affixed on the pleading or shall be paid at the time of filing of the pleading as determined by the Authority in terms of the Maharashtra Water Resources Regulatory Authority (Fees & Charges) Regulations,2013 —
(5) The pleadings shall be accompanied by copies of such documents certified as true copies of the originals, supporting data and statements, as are relevant to the pleadings along with an index thereof.
(6) All pleadings are to be filed in six identical copies or such other number of copies if the Authority so directs and all such copies to be complete in all respects and the Authority may in addition seek copies of the pleadings to be filed in an electronic form, on such terms and conditions, as the Authority may direct.
3) General Headings / Face sheet —
The general headings in all pleadings before the Authority and in all notices including public notices shall be in Form 1 annexed here to.
4) Affidavit in Support —
(1) All pleadings are to be verified by an affidavit and every such affidavit shall be in the format as prescribed in Form 2 annexed hereto.
(2) Every affidavit shall be drawn up in the first person and shall state the full name, age, occupation and address of the deponent and the capacity in which the deponent is signing and shall be signed and sworn before a person law fully authorized to take and receive affidavits.
(3) Every affidavit shall clearly and separately indicate the statements which are true to the —
5) Presentation, Scrutiny and Admission of Pleadings—
All pleadings accompanied by a Memorandum of Authorization ( Form 4 here to ) are to be presented in person or by any authorized representative / agent of the applicant / appellant / respondent to the Receiving Officer at the head office of the Authority during business hours or at such other place or places and during the time as may be directed by the Authority from time to time. The Pleading may in the alternate be sent by registered post with acknowledgment due to the Authority at the places mentioned above.
6) Fees on Application —
(1) Every application made to the Authority shall be accompanied by fees or charges specified in Schedule I to these Regulations.
(2) The fees or charges payable under these Regulations shall be paid by a bank draft or pay order drawn in favour of the ‘Secretary, Maharashtra Water Resources Regulatory Authority’ payable at Mumbai or may be paid in cash at the office of the Authority for an amount not exceeding Rs. 500. A photocopy of the cash receipt should be attached to the application.
