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september 1974

Supreme Court of India · 1974-09-20

MUNICIPALITY OF BHIWANDI AND NIZAMPUR vs M/S. KAILASH SIZING WORKS

Citation / case number
SC 1968/60286
Court
Supreme Court of India
Petitioner
MUNICIPALITY OF BHIWANDI AND NIZAMPUR
Respondent
M/S. KAILASH SIZING WORKS
Bench
RAY, A.N. (CJ)

Judgment text excerpt

The Supreme Court upheld the Bombay High Court's decree awarding Rs. 54,560/- in damages to the respondent for property loss due to flooding caused by the appellant Municipality's negligence. The Court found that the Municipality failed to maintain the nallah, which was obstructed by construction work, leading to flooding during heavy rains. The judgment emphasized the Municipality's duty to ensure proper drainage and prevent obstruction, thereby establishing liability for negligence under tort law.

MUNICIPALITY OF BHIWANDI AND NIZAMPUR vs M/S. KAILASH SIZING WORKS · Niyam