AI Overview...
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Breaching of Tank - The constitutionality of breaching public tanks depends on the preservation of water sources; courts have upheld governmental authority to breach tanks for development purposes, especially when the tank does not serve as a vital water source and the exercise of power is within legal bounds RAJASHEKHAR VS STATE OF KARNATAKA - Karnataka.
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Emergency Breaching Due to Heavy Rains - In cases where heavy rains threaten tank breach, officials may cut open the tank bund to discharge excess water, which can cause flooding and damage to nearby villages. Such actions are often taken under government orders during emergencies, balancing safety concerns and potential damages Danushkodi VS District Collector, Tirunelveli District - Madras.
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Lease Extensions and Legal Challenges - Writ petitions have been filed challenging government proceedings related to tanks, such as lease extensions, indicating ongoing disputes over the management and use of tank land Rangasamy S/o.Rangasamy vs State of Tamil Nadu Rep. By The Secretary to Government, Animal Husbandry and Fisheries Department - Madras.
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Liability for Tank Breach - Case law (e.g., Bylands L.R. 3 H.L. 330) indicates that landowners like zamindars may be held liable for damages caused by breach of irrigation tanks maintained by them, though they are not necessarily obligated to keep tanks in repair or compensate for crop losses unless specific duties are established The Secretary of State for India in Council Represented by The Collector of Trichinopoly VS Muthuveerama Reddy - Madras, The Secretary of State for India in Council represented by the Collector of Trichinopoly VS Muthu Veeran Reddi - Madras, The Secretary of State for India in Council Represented by the Collector of Trichinopoly VS Muthuveerama Reddi - Madras.
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Government Authority and Development - Under laws such as the Bangalore Development Authority Act, the government has the power to acquire land, breach tanks, and develop layouts, even amid resistance from landowners objecting to compensation or land acquisition S. R. NARAYANA REDDY VS BANGALORE DEVELOPMENT AUTHORITY - Karnataka, B. UMESH VS BANGALORE DEVELOPMENT AUTHORITY - Karnataka.
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Urgent Repairs and Maintenance - When tanks are at risk of breaching, urgent repairs are justified and necessary to prevent flooding and damage, provided proper notices are given. Failure to carry out such repairs can render tanks useless and pose safety risks Saptharishi Reddiar Now Minor VS The Secretary Of State For India - Madras.
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Tank Preservation and Usage Concerns - Tanks are sometimes misused for solid waste disposal, damaging soil quality, or are underutilized as recreational spaces. Proper maintenance and regulation are essential to preserve their ecological and community benefits Environment Support Group VS State of Karnataka, rep. by its Chief Secretary - Karnataka.
Analysis and Conclusion
The breaching of tanks is a complex issue involving legal authority, emergency safety measures, land management, and environmental considerations. Governments have the constitutional and statutory powers to breach tanks for development and safety reasons, especially when public interest and safety are at stake. However, such actions must be justified, lawful, and balanced against environmental preservation and community rights. Proper maintenance, legal compliance, and transparent procedures are vital to managing tank breaches effectively.
Search Results for "Breaching of Tank"
1999 0 Supreme(Kar) 76 • India - Karnataka
S.R.VENKATESHA MURTHY, ASHOK BHAN
Constitution of India-Articles 21 and 226-Doctrine of public trust-Preservation of public tank-impugned tank does not have prevail ... source of water-supply rather has to depend on rain water-decision of the Govt. to breach tank and to make use of land for construction ... exercise its executive power where it is not fettered by Karnataka Irrigation Act-exercise of power to order for demolishing of a tank ... At that meeting it was decided that the Deputy Commissioner may be called upon to submit his opinion regarding t....
2016 0 Supreme(Mad) 1570 • India - Madras
M.VENUGOPAL
Due to heavy rains, the tank was threatened to breach, and officials had to cut open the tank bund to discharge the water, causing ... for Loss - Government Order - Renewal of Lease Fact of the Case: The petitioner, a fish culturist, leased a water tank ... Due to heavy rain in the Western Ghats, during the same period, the Adaichani Periyakulam water swelled and threat of tank bund breaching, resulting in deluge of nearby villages of Adaichani. The water capacity of the tank was 250 ....
2025 0 Supreme(Mad) 4410 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Anand Venkatesh
This writ petition has been filed challenging the impugned proceedings of the fifth respondent dated 13.06.2025 and for a consequential direction to the respondents to grant extension of lease at Barur Big Tank
1910 0 Supreme(Mad) 171 • India - Madras
ARNOLD WHITE, MILLER
Bylands L.R. 3 H.L. 330, could properly be applied so as to make a zemindar liable for damage done by the breaching of an irrigation tank maintained by him. ... It is clear then, that there is nothing in their Lordships judgment which requires us to decide that a zemindar is under an obligation to a ryot to keep a tank in repair or failing that to pay the value of the crops which the ryot might have raised. ... It is true that only a limited number of persons own land under any given tank or other irrigation work and the....
1910 0 Supreme(Mad) 176 • India - Madras
Rylands (1868) L.R. 3 H.L. 330 could properly be applied so as to make a Zemindar liable for damage done by the breaching of an irrigation tank maintained by him. ... It is clear then that there is nothing in their Lordships judgment which requires us to decide that a Zemindar is under an obligation to a ryot to keep a tank in repair, or failing that, to pay the value of the crops which the ryot might have raised. ... It is true that only a limited number of persons own land under any given tank or other irrigation work ....
1910 0 Supreme(Mad) 175 • India - Madras
ARNOLD WHITE, MILLER
Rylands L.R. 3 H.L. 330 could properly be applied so as to make a zamindar liable for damage done by the breaching of an irrigation tank maintained by him. ... It is clear then that there is nothing in their Lordships judgment which requires us to decide that a zarnindar is under an obligation to a ryot to keep a tank in repair or failing that to pay the value of the crops which the ryot might have raised. ... It is true that only a limited number of persons own land under any given tank or other irrigation work and the ....
1992 0 Supreme(Kar) 142 • India - Karnataka
Breaching of shinivagalu tank and developing tank bed and surrounding area. Therefore, the power under Section 35 of the act for giving c. a. site to the plaintiff in lieu of the land comprised in s. Nos. 20 and 21/3 of ejipura village, was not available. ... 1984 and 23-11-1988 published in the official gazette, dated 23-2-1989 issued under sections 17 (1) and 19 (1) respectively of the Bangalore development authority Act, 1976 (hereinafter referred to as the 'act') acquiring the suit lands along with several other lands for the formatio....
1991 0 Supreme(Kar) 95 • India - Karnataka
K.J.SHETTY, V.P.MOHAN KUMAR
In fact they obstructed the work for breaching the tank situate at chikkamaranahalli comprised in the acquired land. Therefore, efforts to form a layout could not succeed in view of the stiff resistance from the owners who were aggrieved by the low compensation offered in respect of their lands. ... Government had given approval to breach the tank and Public Works Department tried twice to breach the tank even with the help of police force but the attempt was not successful. ... Some of the lands notified for acquisition....
1915 0 Supreme(Mad) 30 • India - Madras
AYLING
Moreover there is a finding that the repairs were urgently necessary for the tank and that but for the repairs the tank was in danger of breaching and of overflooding the lands of the defendant; it is not denied that the repairs were carried out after notice to the defendants, and after they had been ... If repairs are necessary for the preservation of the tank (and that is the specific finding in the present case also), this implies that if they are not executed the tank would become useless and withou....
2012 0 Supreme(Kar) 246 • India - Karnataka
K.SREEDHAR RAO, B.S.INDRAKALA
In some cases the tanks are even used for disposal of solid wastes thereby destroying rich soil of the tank beds and ultimately breaching of tanks is being proposed. The tank beds could also serve as out door recreational areas which is very much needed for the urban dwellers. ... Patil, which had inspected the Hebbal tank and have noted in the report that the Hebbal tank is well maintained and is in good condition. The visit by the committee to the Hebbal tank was after the developmen....
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