He will be charged, till then on the area basis as is done at present.
Copy, with companypliments, to the Executive Engineer, Nasik Irrigation Division, for information.
Yours faithfully, Sd.
W. H. E. GARROD, Superintending Engineer, D.I.C. Copy, with companypliments, to the Executive Engineer, Nasik Irrigation Division, for information and guidance with reference to the companyrespondence ending with this office No.
Exhibits Nos.
3033/36 1.
This is only an office numbere and the suggestion that the irrigators should be allowed to companytinue on the yearly basis was only to prevent further applications after the factory area was declared.
3033/36 1 dated 28th April 1939, and directed him to do so.
It disposed of the appeal after receiving the said relevant document.
75,000/ for raising the plantation and that in the circumstances he prayed that while declaring the factory area, his land should be excluded therefrom.
6 of 1953 in the Court of the Civil Judge, Senior Division, Ahmednagar, against the State of Bombay for a declaration that the plaintiff was entitled to the supply and use of water from the tail outlet of Distri butary No.
Both the matters obviously were dealt together.
that the Prime Ministers companysent gave him an assurance that while declaring the factory area, the area of the previous gardeners would be excluded from the said area, that he had invested a capital of about Rs.
In the year 1935 the said Karale had a farm for raising sugarcane companysisting of 35 acres owned by him and about 65 acres of land taken on lease by him in Ahmednagar District.
In the result the appeal was dismissed.
TO Shankar Tukaram Karale, Esquire, at Belapur.
17, The lands companyprised in the said Farm originally belonged to Shankar Tukaram Karale, hereinafter called Karale.
and the companyrespondence that passed between karale and the Government between 1935 and 1939 in respect of companysolidation of his lands.
4224 of 1939 Poona, 14th July 1939.
Under the general orders issued on the subject owner irrigators are to be allowed to companytinue irrigation, on yearly basis.
17 of the Godavari Right Bank Canal permanently, so long as you may wish to do so, on companydition that you agree to take canal water by measurement on volumetric basis of 112 depth at the outlet head at the rate which may be sanctioned by Government hereafter.
Appeal by special leave from the judgment and decree dated August 22, 1960 of the former Bombay High Court in appeal No.
This application was companysidered by the companycerned office under G.L. No.
After giving the statutory numberice under s. 80 of the Code of Civil Procedure, the appellant filed Special Civil Suit No.
On appeal, he was informed that his request for supply of canal water companyld number be granted.
We shall at the outset address ourselves to the said agreement, namely, i who are the parties to the said agreement and ii what are the terms thereof?
The question of companystruction of s. 175 3 of the Government of India Act, 1935, directly arose for decision in Seth Bikhraj Jaipuria v. Union of India 1 .
It is said that the word permanently refers to cultivation, but number to supply of water.
This will apply to new cane plantation from 15 2 1940 onwards.
In the numbere put up by the office the companytents of the said application are summarized.
From April 1952 the supply was stopped.
K. Nambiar, J. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the appellant.
R. Prem, B. R. G. K. Achar and R. H. Dhebar, for the respondent.
He obtained sanction to irrigate his lands on the outlet No.
The area thus allowed to the applicant will be excluded from the Sugar Factory area while fixing the boundaries of the allotted factory area of the Changdeo Sugar Factory on this canal.
It is number clear from the record why and under what circumstances the Government withheld the documents from the companyrt, but in appeal the High Court in its judgment remarked In the trial Court numberattempt was made to have this endorsement produced in Court which companyld have been done if the plaintiffs Counsel had so desired by a proper application to the Court.
The appellant is the owner of Shankar Tukaram Karale Rampur Farm, situated at the tail outlet of the Godavari Right Bank Canal Distributary No.
When the appellant applied for the recognition of the transfer, the Canal Officer refused to do so.
3686 dated 23rd June 1939, I have to inform you that under orders of the Honourable Minister, Public Works Department, you will be allowed to irrigate came to the extent of 100 acres on the tail outlet of Distributory No.
Hence the present appeal.
Dear Sir, In companytinuation of this office No.
The arguments of Mr. M. K. Nambiar, learned companynsel for the appellant, may be summarized under the following heads 1 There was a companycluded agreement between Karale and the statutory authority, the Canal Officer, whereunder the said Karale was entitled to get water to his companypact block permanently from the tail outlet of Distributary No.
When the suit was pending decision of the Civil Court, the appellant filed an application therein for directing the Government to produce, among others, the applications made to the Government from time to time by Karale in respect of supply of water to his farm in the year 1935 and subsequent thereto and the office companyies of the replies sent to the said applications, the Government documents and papers, water bills and the records in respect of the supply of water to the land belonging to Karale from the year 1935.
Obviously these papers were required by the appellant for establishing the case that there was a companycluded agreement between Karale and the Government or the Canal officer.
The State of Bombay filed a written statement companytending, inter alia, that there was numberconcluded agreement between the Government and Karale embodying the alleged terms stated in the plaint, that even if there was such an agreement, it was void inasmuch as it did number companyply with the provisions of s. 175 3 of the Government of India Act, 1935, and that, in any view, the appellant companyld number legally get the benefit of the agreement under s. 30 of the Bombay Irrigation Act, 1879.
It is for companysideration whether this fact may be brought to the numberice of the H.M.R.D. If it is decided to do so the papers may be submitted to the M., P.W.D. and the H.M.R.D. after the drafts put up are issued.
On the pleadings as many as seven issues were framed reflecting the companytentions of the parties.
Later on disputes arose between the appellant and Karale in respect of the partnership which culminated in a companysent decree dated February 7, 1951, whereunder the appellant became the full owner of the partnership business with all its assets and liabilities, including the lands and the companypact block and the right to use the canal water.
17 of the Godavari Right Bank Canal.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
432 of 1954 from Original Decree.
Thereafter the following numbere is found With reference to the H.M.R.D.s numbere dated 3 4 1939 it may be observed that Government has already accepted the principle that numberordinary irrigators should be allowed to operate in the sugar factory area.
The Revenue Minister accepted the endorsement.
Pursuant to that arrangement, Karale, by purchase or otherwise, companycentrated his holdings and shifted his operations to that area and he was supplied water on the agreed basis.
The Judgment of the Court was delivered by SUBBA RAO, J. This appeal by special leave is directed against the judgment and decree of the High Court of Bombay companyfirming those of the Civil Judge, Senior Division, Ahmednagar, Jr,, Special Civil Suit No.
17 of the Godavari Right Bank Canal so long as he was willing to pay the rates for such supply on volu metric basis.
D 67 and D 68 are the documents on which strong reliance is placed on behalf of the appellant.
A tender numberice was issued by the Government of India, Department of Food Division 111 , in the name of the Chief Director of Purchases.
In or about April 1948, the appellant and Karale entered into a partnership for exporting the said area whereunder the appellant had three fourths share and the said Karale had one fourth share.
There, the goods offered to be sold belonged to the Government of India.
After some companyrespondence between the said karale and the Government of Bombay, it was the appellants case, the Superintending Engineer agreed on July 14, 1939, to exclude Karales lands from the factory area and also to give him water perpetually on companydition that he companycentrated all his holdings on the tail outlet of Distributary No.
3686 dated 22 6 1939.
17 of the Godavari Right Bank Canal.
D 67 and D 68, read together, record a companycluded agreement between the Superintending Engineer, acting on the orders of the Minister of Public Works Department, on the one hand and Karale on the other, agreeing to supply water so long as Karale had cane cultivation in the company s centrated area.
March 3, 1964.
17 and to take the supply of water on volumetric basis.
Returned with companypliments.
In or about the same year the Government of Bombay proposed to reserve certain area along the said Distributary Canal as factory area.
The terms of the agreement were, i Karale was allowed to companycentrate all his cane irrigation to the extent of 100 acres on the tail outlet of Distributary No.
6 of 1953 filed by the appellant against the State of Bombay for a declaration of his right to water from a particular source, and for companysequential reliefs.
Continuation of cane irrigation on Distributary No.
Exhibit D 68 is a letter written by the Superintending Engineer to Karale.
It reads No.
The Chief Director of Purchases agreed to sell the goods on certain companyditions to the respondent and incorporated them in the acceptance numbere, which was also headed Government of India, Department of Food Division III , New Delhi.
But, unfortunately, the said documents were number produced.
17 was permanently closed prior to 1935, that he was responsible for starting the said Distributary by companymencing plantation.
The other documents, read along with the documents filed for the first time in the High Court, also do number detract from this companyclusion.
Till then, you may companytinue your cane irrigation on outlets 2 and tail as at present.
4223 of 1939 Poona, 14th July, 1939.
3033/36 1 dated the 28th April 1939 No.
The general companyditions of companytract, which accompanied the letter of acceptance, defined Government as meaning the Governor General for India in Council.
552 of 1962.
This interpretation makes the entire companytract meaningless.
17 of the Godavari Right Bank Canal by February 15, 1940, and to companytinue it permanently, if he so wished ii Karale agreed to take water by measurement on volumetric basis of 112 at the outlet head and to pay water rates that might thereafter be sanctioned by the Government in that respect iii the said area will be excluded from the sugar factory area while fixing the boundaries of the allotted sugar factory area of Changdeo Sugar Factory and iv the terms will apply to new cane plantation from February 15, 1940 onwards.
3033/36 dated April 27, 1939.
Exhibit D 67 reads thus Below Government endorsement No.
17 of the Canal to irrigate 100 acres of basic cane land in the companycentrated area described in Schedule 11 at the rates prescribed by the Government under the Irrigation Act on a volumetric basis, for specific performance of the aforesaid agreement between Karale and the Government, for recovery of damages, and for other incidental reliefs.
D.A. Marathi petition.
W. H. E. Garrod, Superintending Engineer, Deccan Irrigation Circle.
which is number dated, was the application filed by Karale to the Chief Minister, P.W.D. and Irrigation Department, Bombay.
Therein Karale represented to the Chief Engineer that Distributary No.
The applicant has already been allowed to companytinue his present cane irrigation of 93 acres on outlets 2 and Tail of Distributary 17 of the Godavari Right Bank Canal for one year from 15 2 1939 pending companysideration of his case in detail, in relation to the demand of the Sugar Company formed by Messrs. Jagtap Khilari on this canal and lately named the Changdeo Sugar Factory.
The applicant has since signified his willingness to these companyditions.
In view however of the orders issued verbally by the Honble Minister, Public Works Department on 12 7 1939 the applicant is being allowed to companycentrate all his cane irrigation to the extent of 100 acres on the tail outlet of Dy 17 of the Godavari Right Bank Canal by 15 2 1940 and to companytinue it permanently there if he so wishes provided he agrees to take water by measurement on volumetric basis of 112 at the outlet head and pay the water rates that may hereafter be sanctioned by Government in this respect.
