TMI Blog2001 (8) TMI 1406X X X X Extracts X X X X X X X X Extracts X X X X ..... portion of the acquired land to the respondents in these two appeals for setting up their industries. Consequently, the respondents have set up their industries on the said land and, admittedly, they are discharging their effluents in the aforesaid drain. Under the Act, one of the amongst numerous other functions and duties assigned to the Corporation is to construct and maintain municipal drains and underground sewer. Since the respondents herein were discharging their effluents in the drain (nallah), the Corporation served a notice of demand on the respondents herein under Section 170 of the Act read with Rule 4.1 of the Rules for payment of sewerage charges. It appears that there was lot of correspondence between the parties in regard to liability of the respondents to pay the sewerage charges. Ultimately, the respondents filed writ petitions under Article 226 of the Constitution before the High Court of Bombay challenging the demand of sewerage charges by the Corporation. The case of the respondents herein, who were the writ petitioners before the High Court, was that the drain (nallah) neither vests in nor belongs to the Corporation and, therefore, the Corporation is not en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cludes a sewer, pipe ditch, channel (tunnel) and any other device for carrying off sewage, offensive matter, polluted water, sullage, waste water, rain water or sub-soil water, and any ejectors, compressed air mains, sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or removing sewage or offensive matter to the sewage outfall. Section 220 provides as under: Municipal drains to be under the control of the Commissioner. All drains (vesting in or) belonging to the Corporation which in this Act are referred to as municipal drains shall be under the control of the Commissioner. Section 220A runs as under: Vesting of water courses. - any natural water course heretofore belonging to (Government) by which rain water or drainage of any kind is carried, may, on application to [the (State) Government] made by the Commissioner with the previous approval of [the Standing Committee], be vested in the Corporation: provided that (a) it shall be in the discretion of [the (State) Government] in each case to determine whether a particular water course so applied for shall be so vested, and (b) a resolution of [the (State) Government] declaring that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the word vest in Section 134 of the Lunacy Act, 1890 (53 54 Vict. C.5), included the right to obtain and deal with; without being actual owner of the lunatics personal estate. In the case of Finchley Electric Light Company vs. Finchley Urban District Council (1903) 1 Ch. 437, Romer, L.J., while interpreting Section 149 of the Public Health Act (supra), observed as follows: Now, that section has received by this time an authoritative interpretation by a long series of cases. It was not by that section intended to vest in the urban authority what I may call the full rights in fee over the street, as if that street was owned by an ordinary owner in fee having the fullest rights both as to the soil below and as to the air above. It is settled that the section in question was only intended to vest in the urban authority so much of the actual soil of the street as might be necessary for the control, protection, and maintenance of the street as a highway for public use. This Court in Fruit Vegetable Merchants Union vs. Delhi Improvement Trust (supra), while interpreting Sections 45 to 49 and 54 and 54A of the Improvement Trust Act, held after referring the decision cited a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Corporation. In any case unless the procedure provided under Section 220A is complied with the water channel or drain belonging to the State Government would never vest in the Corporation. For the aforesaid reasons we hold that merely because the Corporation is entrusted with the duty to maintain water channel and drain and, therefore, the water channel and drain belonging to the Government vest in it is not correct. Vesting in the Corporation of water channel and drain belonging to the State Government can only take place in the manner provided under Section 220A of the Act. We accordingly reject the arguments of learned counsel for the appellants. Now, the question arises whether the State Government had transferred the said drains to the Corporation as contemplated under Section 220A of the Act. Admittedly, the land along with the nallah was acquired b by the State Government under the Land Acquisition Act. Under Section 16 of the Act, the right, interests and title of the land holder in the land including the easementary right, if any, to discharge the water in the drain, stood extinguished and such right came to be vested in the State Government. After vesting, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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