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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether a Sanad granting a village and its water includes the running water of a river within the village limits
- 2 Whether title to the bed of the river conveys title to the flowing water of the river
- 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
Full Case Text
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