LexSHANKAR NARAYAN RANADE versus UNION OF INDIA
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• • 1 S.C.R. SUPREME COURT REPORTS 885 On that view the petition must fail and 1s dismissed with costs, two sets, one hearing fee. · Petition lJismisscd. SHANKAR NARAYAN RANADE t'. UNION OF INDIA (P. B. GJ.JENlJHAOADKAR, K. N. WANUllUO, M. HIDAYA'l'ULLAH, K. C. DAS GUPTA and j. C. SHA,H JJ.) Inam-Oonstruction of sanad--Orant of villar1e ind1uling water-If i'J.icluiln water of jlow/ng riner-</lriim of rizHu·irin riyltl -Validity-Bombay Land Revenue Corle, 1879 (Act 5 of 18711), s. 37 (1)-Bombay Irrigation Act, 187.9 (Bom. 7 of 187[)), s. cJ- Transfer of Property Act, 1882 (IV of 1882), s. 8 . The appellant was one of the sharers in the Inam village of vadner and brought a suit againt respondents clain1ing relief on the basis of his title to the running water of river valdevi. During World War II, the military authorities constructed residential quarters within and outside the limits of vadner. They built a dam across the river within the limits of vadner and dug a well near the bank of the river which was fed by the river water and the water was carried to the residential areas. The diversion of water and the use of land continued from 1942 to 1959, which deprived the appellant and the other Inamdars of their right to utilise that water for their own gain and of others ; this had caused injury and damage to them, for which, the appellant claimed compensation from the respondents. According to the respondents, by virtue of a notification under s. 5 of the Bombay Irrigation Act, 1879, the river had become a notified canal and consequently the fnamdars had lost their rights, if any, in the waters of the said river. They also took a pica of limitation. The trial court decreed the suit and held that the appellant was entitled to the compensation only for two years before the date of the suit and the rest of his claim was barred by time. The decree was challenged both by the 1969 M/s, .Bhi.kuse r.nits• /(lfzat,iya (P) Lit •• U1d.·11 of i1;,.'i1 .shah, 1. 1969 Fehru<Jty, 8. 1969 Sho.kat Narayan Ranad1 v. Clniu11 of India Gq]ndra:eaJkar, J. 880 I. SUPREME COURT REPORTS [lUG,1] VOL. appellant ana the resp01ide11ts by cross-appeals in the High Court. The High Court dismissed the appeal with modification•. Then followed an appeal to this court un certificate. • lleld~ that the u11e of the word "\valcr 11 in the sanad, pro- perly construed, r.Xcludes the running water of tile rivCr and it c•:,uld not be said that title tQ the flowing \va.ter of the river went \\'ith the: title to the· bed of the riJcr. If\. the sa.nac1 n1atle no gran,t of the running w'atcr in tcr1n~, t tc appcllao( could not clai1n. the same as the riparian owner . .1lu.rtint.rur1(1ts.i·lltipt,l v. (lov1,rnmr.u.l of /l1unb1ty ( 1931) 47 Hu~n. i •. lt. U:)9 a11<l £yen v • .lli:~h-tifun~;er~' ()ouipa1t?1 LIU7GJ I ·"i'P· Gas. 6ti2, icfcrrcJ.to. !!cft'. f11~1cr..~tl!at the appellant could 1111L I>"' ;ill1l\ved 10 u1'1.kc an alternative C°;lllje on the ground or hi~ right!! as a ripariaH o\vncr as Lhcr~ was neither any ;Lllcg-;,lliou i11 the plaiul H'Jr a11y evideucc on the recvr<l to that effect. Ctv11, Al:'PBLLATB Jumsu1c:rr<1N :. Ciyil Aup.;cal Nu. 2i2 of 1!101. -· "°'' Fr.om the judgment and decree dated Decem- ber I l, l 9fi7, of the Bombay High ·Court in First Appeal ,Nt•. 040 uflU57. · U. 8. Pathak, N. D: Karkhanis, JJ. Datto, J. JJ. JJarlucl1anji, 0. G .. .;lfathur- and Ruvinder Narafo, for the appellant. O. J\. Daphwry, Solicitor-General of India, d. S. :Uind·m and R. H. Dhebu.r for P. D. Menon, lot the re8p"c;mdents. 1963. Febru11ry 8. The judgment of the Court was delivered liy GA.mNDRAGADKAR, J.-The s~ort question which thi! appcaJ raisc;s fot our decision. is whe- ther ·the appellant Shankar Narayan Ranade has established his title to the running water of the river Valdevi which ruhs·fhr.ough'his lnam village Vadner. The said vi llagc hall been granted to the ancestors of ., • 1 S.C.R. SUPREME COURT REl'ORTS 887 the appellant by the Peswa Government in 1773 A.D. This grant was continued by the British Gov~rnment when the British Government came in power. The river Valdevi has its origin in the hills of Trim\,.,k and from those hills it flows to Vadner and then to Chehcdi where it joins the river Darna and thus loses ils individuality. The total length of this river is about 25 miles, while its length within the limits of Vadner village-is ab
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