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march 1964

Supreme Court of India · 1964-03-03

KARAMSHI JETHABHAI SOMAYYA vs THE STATE OF BOMBAY

Citation / case number
SC 1962/103
Court
Supreme Court of India
Petitioner
KARAMSHI JETHABHAI SOMAYYA
Respondent
THE STATE OF BOMBAY
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that there was a concluded agreement between the Superintending Engineer and K for the supply of irrigation water, which was valid despite the State's contention that it violated Section 175(3) of the Government of India Act, 1935. The Court clarified that while the right to water cannot be transferred without permission from the Canal Officer, the agreement for water supply is presumed to transfer with the land. However, the agreement was ultimately deemed void for not complying with the provisions of the Bombay Irrigation Act, 1879, leading to the dismissal of the appellant's suit for recognition of water rights.

KARAMSHI JETHABHAI SOMAYYA vs THE STATE OF BOMBAY · Niyam