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TMI Blog1974 (9) TMI 134X X X X Extracts X X X X X X X X Extracts X X X X ..... t. The High Court passed a decree in favour of the respondent for ₹ 54,560/- with interest at 6% per annum. 3. The respondent has a structure abutting on the Yacoob Road. The width of Yacoob Road is about 12 feet. On the other side of the road is an open nallah running parallel to the road. 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. 4. The Government of Maharashtra demolished a portion of Varala Dam in the month of May, 1963. In consequence the water stored in the lake was bound to pass through the nallah to the creek. The appellant commenced the work of laying cement slab across the nallah in about the second week of June, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rala Dam above a height of 6 feet above ground level. The appellant completed 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. 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, because of the demolition. The appellant with full knowledge of the consequences narrowed the water passage , put a slab on it and did not remove the centring at Lendi bridge. The appellant allowed accumulation of garbage and debris so as to obstruct the passage of water. 7. The further findings are these. The nallah runs from south to north. The water carried by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... neral Clauses Act, to mean, done honestly, whether done negligently or not. The question, therefore, is, whether the Municipality, in the present case, can be said to have acted honestly. 9. In Jones v. Gordon 2 A.C. 616 Lord Blackburn pointed out the distinction between the case of a person who was honestly blundering and careless, and the case of a person who has acted not honestly. An authority is not acting honestly where an authority has a suspicion that there is something wrong and does not make further enquiries. Being aware of possible harm to others, and acting in spite thereof, is acting with reckless disregard of consequences. It is worse than negligence, for negligent action is that, the consequences of which, the law presume ..... X X X X Extracts X X X X X X X X Extracts X X X X
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