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.