Judgment Search Results Home > Cases Phrase: northern india canal and drainage act i873 part v of water rates Page 9 of about 120 results (0.091 seconds)

T.S. Thomas and ors. Vs. K.A. Musthafa and anr.

Court : Kerala

Reported in : 1981CriLJ1892

..... chapter vii of the act deals with water supply, lighting and drainage and the powers of the council and the commissioner. ..... to carry any cable, wire, pipe, drain or channel of any kind to establish or maintain any system of drainage, water supply or lighting through, across, under, or over and road, street or place laid out for road or street and after giving reasonable notice to the owner or occupier, though, across, under, over or up the side of, and land or building in the municipality, and may place and maintain posts, poles, standards, etc, in the municipality not owned by the state government or the central ..... with the help of three police constables, entered the complainant's property, removed the fencing put up on the northern and southern sides, cut branches of a nutmeg tree which was standing on the western boundary of the canal and also dug a trench along one of the bunds of the canal for a distance of 500 feet. ..... in order to invoke the protection under section 397 of the act and section 197 of the code, the offences alleged to have been committed must be so connected with the official act as to form part of the same transaction. ..... if the relevant provisions in section 307 of the act and section 197 of the code are construed too narrowly, it may lead to a result that these sections may never apply to any case, because it is not part of the duty of a public servant to commit an offence. .....

Krishnaswami Chettiar and ors. Vs. Pappi Naicker and ors.

Court : Chennai

Reported in : AIR1944Mad228

..... existing source of supply till they had found the substitute.even taking all that the subordinate judge says to be correct and that the alterations complained of were brought about in or about the year 1937 and that for a long time prior to 1937, water was collecting in the lower part of the defendants' field 2765 and that after irrigating that portion was finding its way into the surplus channel, i am of opinion that the plaintiffs ..... it may be that there is a channel flowing along the western side of the northern portion of the field and that some portion of the northern field may be irrigated from the water flowing along the channel in 2776 and that some other portion also may be irrigated by the channels leading from l-m.p-o. ..... it is primarily the duty of the government which levies wet rate from both the plaintiffs' and from the defendants' lands to regulate the water supply so as to ensure an adequate supply to both the lands. ..... 'a mere right of a drainage over the general surface of land is very different from the right to the flow of a stream or brook across the premises of another. . . ..... as pointed out by one learned judge, water which is regarded as a common enemy in england is in india regarded as a common friend. ..... but it is the ordinary right of all who have rights to the undisturbed enjoyment of those rights, undisturbed by acts which the doers have no right to do. ..... in grand junction canal co. v. .....

Jeevan Bima Nagar Flat Owners Welfare Association Vs. Life Insurance C ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... the petitioner sent letter to the commissioner director and the secretary to the municipality administration demanding the authorities to lay all the approach roads to the complex, to construct the main storm water drainage, to divert the open sewage flowing in the main road between blocks 12, 13, 14 and 15 and close the sewage of canal, providing street lights in the approach roads and construction of public toilets. 25. ..... it is further averred that a topography of the project site is such that the eastern and northern parts of the complex are lowlying areas having existing storm water drains setup by the local civil authorities having a gravitational slope. ..... it was also stipulated that: once possession of the flat allotted and sold, is taken over by the allottee-purchaser, life insurance corporation of india will not be responsible for any breakages, damage to glasses/fixtures and fittings unless the same is pointed out in writing at the time of taking over possession.? 30. ..... in our view, this submission also requires to be rejected because under the act, for summary or speedy trial, exhaustive procedure in conformity with the principles of natural justice is provided. ..... association is starved of funds ever since its formation due to low rates of occupation of flats. ..... the flats were given to flat owners on very cheap rates. .....

Collector, Northern Railways and anr Vs. Sansar Chand and ors

Court : Jammu and Kashmir

..... the instant appeal by the officer of the northern railway under section 52 of the jammu and kashmir land acquisition act, 1934 (for brevity the act ) is directed against judgment and decree 2 dated 24.05.1999 rendered by the learned district judge, udhampur enhancing the compensation of the acquired land belonging to the respondents.4 ..... has maintained that the sale deed expwbl would show that one parmanand sold 7 marls of land situated in village karlal kangro to pw bansi lal for a sum of rs.35,000/- and the rate of the land projected by the sale deed is rs.5,000/- per marla which comes to rs.1,00,000/- per kanal. ..... that case 90 acres of undeveloped land was acquired which needed to be developed by laying roads, parks, drainage, lighting and other civic amenities. ..... regarding the conditions of the land sold and the land acquired, it has come in the evidence of the witnesses of the petitioners that the land acquired is irrigated land being irrigated from a water spring where as the lands sold are dry ..... the relevant part of para 3 incorporating the aforesaid principle is set out below:- it is settled law that to determine the market value of the land under section 23(1) of the act the sales of the land under requisition, if any, or the sales in the neighbourhood lands that possessed of same or similar potentialities or fertility or other advantageous features would furnish basis to determine just and fair market value on the premise of a hypothetical willing vendor and willing vendee .....

State of Kerala Represented by its Chief Secretary to Government and O ...

Court : Kerala

..... - (1) all public roads, streets, lanes and paths, the bridges, ditches, dykes and fences on or beside the same the bed of the sea and of harbours and creeks below high water mark, the beds and banks of rivers, streams, irrigation and drainage channels, canals, tanks lakes, backwaters and water courses, and all standing and flowing water, and all lands wheresoever situated, save in so far as the same are the property of- (a) jenmies, wargdars or holders of inams; or (b) persons registered in the revenue records ..... the secretary shall, before giving such notice or before the period of such notice expires, cause to fence off, take down, secure, demolish or repair such structures, or fence off a part of any street or take such temporary measures as he deems fit to prevent danger, and the cost thereof shall be recoverable from the owner or occupier in the manner provided in section 538. ..... - (1) lands belonging to the government of any other state in india or the kerala state electricity board or to a university established by law or to any panchayat as defined in the kerala panchayat raj act, 1994 (13 of 1994) or any municipality as defined in the kerala municipality act, 1994 (20 of 1994) owned or controlled by the government of kerala or to a municipal corporation shall be deemed to be the property of ..... the writ petition challenging the action of the respondents by which they have taken action for possession of the northern portion of the property, 5.5 metres in the east-west direction. .....

Cwp No.9385 of 2013 Vs. Superintending Canal Officer, Ferozepur and Ot ...

Court : Punjab and Haryana

..... therefore, while exercising the powers under section 30b (2) of northern india canal drainage act 8 of 1973 and punjab amendment act 23/1965 and while agreeing with the demand of the respondents and while setting aside the condition imposed by the divisional canal officer, eastern canal division, ferozepur vide his order dated 14.6.2011 to the effect that the nakkas of sh.vinot ..... brief facts of the case are that the petitioner claims himself to be the sarpanch of gram panchayat, village patti puran, tehsil and district fazilka and states that an application dated 3.1.2011 was moved by the gram panchayat before the divisional canal officer, eastern canal division, ferozepur, seeking change in the alignment of water cours.burji no.26275/r, jandwala rajwaha, running through the land of the gram panchayat, to the land of private respondents no.3 to 8, on the ground ..... meaning thereby that the order dated 14.6.2011 passed by divisional canal officer, eastern division ferozepur to the extent it was consigned to the office regarding change of alignment (transfer of water course) is hereby upheld but the condition imposed is hereby ..... has stated that respondent no.3 was having a separate and independent source of irrigation through the water cours.xyz, shown in the site plan (annexure p-4).he should not have been provided another source of irrigation through water cours.abc, which was running through the panchayat ..... the relevant part of the impugned order, reads as under :- the case was .....

Present: Mr. J.S. Brar Advocate Vs. Superintending Canal Officer Sirhi ...

Court : Punjab and Haryana

..... filed under articles 226/227 of the constitution of india for issuance of a writ in the nature of certiorari for quashing of order dated 07.01.2011 (annexure p/10) passed by respondent no.1 and order dated 29.06.2010 (annexure p/8) passed by kumar virender 2014.07.30 16:11 i attest to the accuracy and integrity of this document cwp no.3583 of 2011 2 respondent no.2 under the provisions of northern india canal & drainage act, 1873 (hereinafter referred to as the act . ..... the water level at rd1606r kotli minor was considered and it was kumar virender 2014.07.30 16:11 i attest to the accuracy and integrity of this document cwp no.3583 of 2011 5 found that ..... for the deposit of soil from watercours.clearances; (d) any other mater which is necessary for the proper maintenance and distribution of supply of water from a watercourse. ..... the manner in which the impugned orders have been passed in undue haste, without realizing that the consequences in the water disputes many a times lead to serious dispute including murder etc.july 11, 2014 [paramjeet singh].vkd judge kumar virender 2014.07.30 16:11 i attest to the accuracy and integrity of this document ..... before parting with the judgment, it would be appropriate to refer the order of the divisional canal officer, which reads as under:- the hon'ble punjab and haryana high court remanded the case with direction to pass a speaking order afresh to the divisional canal officer faridkot, but in this regard, the applicant has not produced any written .....

Cauvery Neervala Aathara Pathukappau Sangam, Rep. by Its Secretary, Er ...

Court : Chennai Madurai

..... 37.it was further submitted that whenever objections are received from the general public and request is made by the other departments like tamil nadu water supply and drainage board, quarries have been stopped by the district collector whenever occasion demanded so. ..... it was further submitted that violations in this regard are being dealt with an iron hand and about 2087 criminal cases have been filed against the sand offenders and also goondas act have been invoked on four persons who indulged in illegal sand quarrying. ..... while granting permission for sand quarry, conditions interlia imposed as per tn mmc rules, 1959 and other which read as under:- 1.no quarrying within a distance of 50 meters from a railway line, reservoir, canal or other public work such as public roads and buildings (this can be relaxed by the appropriate authority). ..... union of india and others], the hon'ble supreme court held that "concept of sustainable development is to be treated as integral part of life under article 21 of constitution of india". ..... over the alarming rate of unrestricted sand mining which damage the ecosystem of natural habitats of organisms living on the riverbeds, affects fish breeding and migration, spells disaster for the conservation of many bird species, increases saline water in the rivers, etc. 9. ..... the northern branch of the river is called kollidam. .....

C. Mani Vs. P.R. Sadhasivam and Another

Court : Chennai

..... while so, the first appellate court has formulated an alternate suggestion of draining the excess water which force the plaintiff to create a drainage canal with 2 feet breath along the eastern and northern boundaries of his land and to channelize excess water to the north eastern corner and let it out through the nilaviyal canal. ..... 7, easements act, which says that every owner of upper land has a right that water naturally falling on such l and shall be allowed by the owner of the adjacent lower land to run naturally thereto. ..... now the point is that whether the excess water accumulated in the land of the plaintiff has to be allowed to flow naturally into the adjacent land owned by the defendant as found in the illustration i of section 7 or the plaintiff should be directed to alter the 'mode and place' of enjoying the easement to avoid burden on the servient tenement by invoking section 23 of the indian easement act. 16. ..... after re-appreciating the evidence, the first appellate court partly allowed the appeal holding that based on the commissioner's report and the evidence, it is clear that the plaintiff though entitled to drain the excess water into the defendant land, he cannot have the benefit of a declaration to drain the water through all parts of the defendants land. ..... as this right is strictly not an easement as defined in the indian easements act, s.23 of that act does not come into play. .....

Kean Vs. Calumet Canal Co.

Court : US Supreme Court

..... owners whose lands fronted on a navigable stream were only provided for, and that the word 'border,' both in the enacting clause and in the exception, meant to front on a navigable water course; that is to say, such waters as are described in the third section of the act of february 20, 1811, by which louisiana was authorized to form a state constitution and government, by which act the river mississippi, and the navigable rivers and waters leading into the same, or into the gulf of mexico, were declared ..... supposed to contain about four thousand acres, which has never been sold or surveyed, and which was described in the original government surveys as impassable morass, and whereas the calumet drainage company has been organized under the laws of said state for the purpose of draining the valley of said river, including said morass: therefore," " be it enacted by the senate and house of representatives of the united states of america in congress assembled, that said unsold lands ..... 300 , it appeared that a survey was made in 1834-1835 of fractional townships in the northern part of ohio, adjacent to lake erie. ..... calumet canal and improvement company no. ..... this is a proceeding to quiet title, brought by the calumet canal & improvement company in a court of the state of indiana. ..... in 1895, the calumet canal & improvement company brought an action in the lake circuit court of indiana to page 190 u. s. ..... calumet canal & improvement co. ..... canal co. ..... calumet canal co. ..... calumet canal co. .....