Supreme Court of India · 1961-04-10
PATNEEDI RUDRAYYA vs VELUGUBANTLA VENKAYYA AND OTHERS
- Citation / case number
- SC 1958/67
- Court
- Supreme Court of India
- Petitioner
- PATNEEDI RUDRAYYA
- Respondent
- VELUGUBANTLA VENKAYYA AND OTHERS
- Bench
- MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court ruled that a riparian owner does not have the right to impede the natural flow of water, even in cases of extraordinary floods, as established under the Indian Easement Act, 1882, specifically Sections 7 and 11. The Court held that the construction of a bund and trenches by the respondents, which caused stagnation of flood water on the appellant's land, constituted a wrongful act. The Court clarified that a phenomenon can be deemed to have occurred from time immemorial if its origin is not within human memory, and thus the flooding was not an unusual event.