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april 1961

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.

PATNEEDI RUDRAYYA vs VELUGUBANTLA VENKAYYA AND OTHERS · Niyam