Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Central Provinces Irrigation Act 1931 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Madhya Pradesh Land Revenue Code, 1954 (2 of 1955) Madhya Pradesh Irrigation Act, 1931 (3 of 1931) Madhya Pradesh Abolition of Proprietary Rights (estates, Mahals and Alienated Lands) Act, 1950 (1 of 1951) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Central Provinces Irrigation Act 1931 (C.P. Act III of 1931 ) - Competency of the State Government to levy water charges in respect of the usage of the water from Navegaon Bandh Reservoir for irrigation fields, when the right to free water was a customary right recognised and recorded in Wazib-Ul-Arz - Whether the customary right destroyed by the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, and Alienated Lands) Act, 1950 (Act I of l950) or by the Madhya Pradesh Land Revenue Code, 1954. Respondents are the ex-proprietors, and occupants of the agricultural lands within their Malguzari villages situated in Sakoli Tahsil of District Bhandara in Maharashtra State. Since the construction of the reservoir called Navegaon - Navegaon Bandh by one Kawdu Patel, three hundred years earlier, the holders of the lands including the respondents were enjoying the right of irrigation fromgeneration to generation free of charge with the only obligation which is inherent in the right viz., putting the tank in proper repairs. In the Wazib-Ul-Arzan obligation was put on the Malguzars to allow the tenants to irrigate their fields for rice (dhan) and sugar cane cultivation free of charge. The respondents, therefore, were using the water of this reservoir for irrigating their fields as of right without any payments - a right acquired by them by custom, grant or agreement or by prescription, duly recorded in the Wazib-ul-Arz at the time of the various settlements and as recognised as such by the State Government till 1964 i.e. even after the said Tank came to vest in the State under Madhya Pradesh Act 1 of 1951. Thereafter, the appellant purporting to act under the Central Provinces Irrigation Act, 1931 (CP Act III of 1931) declined to allow taking of water to the respondents unless they executed an agreement in writing agreeing to pay Rs. 7/- per acre for rice cultivation and Rs. 45 per acre for sugar cane as charges for the use of water from Navegaon Bandh. The respondents, therefore, challenged the levy of the said charges and asked for the appropriate writ against the appellants. The High Court Of Bombay allowed the writ petition and held that (a) the right to free water was a customary right recognised and recorded in Wazib-ul-Arz, (b) the said right was preserved and was not destroyed by M.P. Abolition Of Proprietary Rights Act, 1950 or by the M.P. Land Revenue Code, 1954 and (c) the State Government was not competent under the Irrigation Act to levy the water charges. However, the High Court granted a certificate under Art. 133 (1)(c) of the Constitution. |
Judge | Hon'ble Mr. Justice Jaswant Singh |
Neutral Citation | 1978 INSC 134 |
Petitioner | State Of Maharashtra And Ors. |
Respondent | Atma Ram Sadashiv Dongarwar And Ors. |
SCR | [1979] 1 S.C.R. 163 |
Judgement Date | 1978-08-16 |
Case Number | 2475 |
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