SHANKAR NARAYAN RANADE versus UNION OF INDIA

SHANKAR NARAYAN RANADE versus UNION OF INDIA

The use of the word 'water' in the Sanad, properly construed, excludes the running water of the river, and there was no grant of the running water in terms; thus, the appellant could not claim title to the flowing water of the river, nor was he entitled to compensation on that basis.

Parties
Appellant: Shankar Narayan Ranade; Respondent: Union of India
Jurisdiction
India
Judgment Date
08 February 1963
Procedural Posture
Civil Appeal / Supreme Court Appeal on Certificate From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Inam Grants, Interpretation of Sanad, Riparian Rights, Ownership of Water, Bombay Land Revenue Code, Bombay Irrigation Act

Case Brief

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Parties

Shankar Narayan Ranade

Appellant

Union of India

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal on Certificate From High Court Decision

  1. 1 Whether a Sanad granting a village and its water includes the running water of a river within the village limits
  2. 2 Whether title to the bed of the river conveys title to the flowing water of the river
  3. 3 Whether the appellant is entitled to compensation for diversion and use of running river water by military authorities

Ratio Decidendi

The use of the word 'water' in the Sanad, properly construed, excludes the running water of the river, and there was no grant of the running water in terms; thus, the appellant could not claim title to the flowing water of the river, nor was he entitled to compensation on that basis.

Court Disposition

Appeal dismissed

Orders

  • Petition dismissed with costs, two sets, one hearing fee