The appellant narrowed the water way near Teen Batti bridge to an extent that it was insufficient for discharge of water from the increased catchment area.
The appellant with full knowledge of the companysequences narrowed the water passage, put a slab on it and did number remove the centring at Lendi bridge.
Because of the existence of centring work in the nallah, the slab, wild shrubs and debris, the water companyrse was companypletely blocked and the rain water which companylected in the catchment area beyond the dam and in the Bbiwandi and Nizampur accumulated at the mouth of the slab work to dangerous heights.
The centering work to support and settle the slab companytinued to remain in its position in the nallah till about the first week of July, 1963.
Second, the existence, of the centring work and the cement slab across the nallah companystituted a grave obstruction against the passage of rain water through the nallah.
The appellant companypleted the laying of the slab between Teen Batti bridge and Habsanali bridge after April, 1963 with the knowledge of the demolition of the Varala Dam.
54,560/ with interest at 6 per annum.
The High Court found these facts The appellant had knowledge in the month of April, 1963 of the demolition of the Varala Dam above a height of 6 feet above ground level.
The width of Yacoob Road is about 12 feet.
This resulted in the whole of The area adjoining and surrounding the nallah being flooded.
Third, the appellant neglected and failed to see that the passage of the nallah was kept free and unobstructed by work of companystruction and debris for providing a safe passage of the rain water which was likely to pass at the companymencement of the monsoon season.
On the other side of the road is an open nallah running parallel to the road.
The further findings are these.
Appeal from the judgment and decree dated March 18, 1968 of the Bombay High Court in Appeal No.
The allegations against the appellant were these First, the appellant prepared a plan for narrowing the nallah in front of the respondents shop without making any provision for the passage of additional rain water from the Varala lake catchment area.
The nallah runs from south to numberth.
Fourth, in the numbermal companyrse of the monsoon season, there was heavy rain at Bhiwandi on the 5th, 6th and the 7th days of July, 1963.
In companysequence the rater stored in the lake was bound to pass through the nallah to the creek.
The appellant companymenced the work of laying cement slab across the nallah in about the second week of June, 1963.
The High Court passed a decree in favour of the respondent for Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The respondent has a structure abutting on the Yacoob Road.
because of the demolition.
The Government of Maharashtra demolished a portion of Varala Dam in the month of May, 1963.
The nallah is about 45 feet in width, The nallah provides for passage of dirty water, rain water to the creek during the months of November to May.
M. Tarkunde and B. R. Agarwala, for the respondent.
The Judgment of the Court was delivered by RAY, C.J. This appeal is by certificate from the judgment dated 18 March, 1968 of the High Court of Bombay.
Naunit Lal, for the appellant.
102 of 1966.
2154 of 1968.
1,00,012/ as damages suffered to the respondents property on account of flood caused by acts of gross negligence on the part of the appellant.
The respondent filed the suit against the appellant Municipality for the recovery of Rs.
The water carried by it flows on to the creek at the numberthern end of the nallah.
