JUDGMENT - (1) This second appeal by the State of Bombay raises some interesting questions of considerable importance affecting the right of riparian owners, under the general law, to the extra-ordinary use of water of a natural stream flowing past their lands by putting up Bandharas for the purpose of irrigating their lands. The suit out of which this appeal arises was brought by seven agriculturists of the village Jopul in Chandwad Taluka in the District of Nasik in a representative capacity on behalf of themselves and others claiming as riparian owners the irght to put up thre kachha dams (bandharas) at specified points in the river Shelu and receive water therefrom for the purpose of irrigating their lands abutting on the river. It appears that n 1947 some villagers of Devargaon, who were lower riparian owners complained to the Government about the diminution of flow of water to them in consequence of the Bandharas constructed up-stream by the villagers of Jopul and orders were issued by the Mamlatdar, Chandwad, calling upon the inbabitants of Jopul to demolish the Kachha Bandharas put up by them. It was also directed in those orders that the villagers of Jopul should not take

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