Articles of Agreement between the Edur Durbar and the British Government

Done in Sansthan, Edur, 20^th July 1874

The river Hathmatee is near Ahmednuggur. The Honourable Government's Order No. 3509, dated 16th December 1868, in the matter of the canal from it, has been received. It is directed therein that the consent of the Muharaja of Edur should be obtained to the construction of a weir in the river, and of a canal through the Edur limits. The undermentioned agreement has been passed in the matter:

1. In the plan there is the red line D C, showing the site on which the weir is to be built in the river. It should be built there. The Engineer first searched for a site for constructing (a weir on) and found out the aforesaid site. It is on the east and at the distance of about 350 feet.

2. By building the weir on the above-mentioned site D C, the whole of the water of the river will be confined, and the inhabitants of Moujey Parbuda and other villages within the jurisdiction of Edur and the Sabar Kanta villages which are situated along the bank of the Hathmatee river until its junction with the Sabar river, will not get water for drinking and for irrigating their land with. Government have therefore agreed to keep an outlet for water on one side of the weir, in order that people may get water for drinking and irrigating their land with, in view to cultivate the same.

3. The Karbaree of the Edur Durbar stated certain objections to the building of the canal from near the town of Ahmednuggur. Government thought that it would be better if the canal within the limits of Edur be excavated agreeably to the Durbar's wishes. Thereupon the Karbaree of the Edur Durbar expressed his desire to have the canal built from another site and showed the same in the plan. When an enquiry was made about that line, it was found that the building of the canal in that line was highly objectionable, and that therefore it could not be built. Afterwards one line was fixed for the construction of the canal. It is shown under C, E, F in the plan, and the line in which it was first proposed to build, the canal joins it. From thence the mark from F to G is made in the plan. The Edur boundaries continue as far as that. The Engineer had first fixed this site. Edur boundaries terminate at the mark G.

4. The line of the site for the land shown above is from north to south. There are roads crossing the line (between the two points). In order that the said roads may not be interfered with, it has been decided to construct three bridges over them. The sites of the bridges will be determined by the Political Agent and the Engineer. The bridges will be constructed at the expense of Government.

5. Water will be supplied from the canal during twelve months in the rubbee, khareef, and huree seasons to the land under the jurisdiction of the Durbar, in the same manner in which it has been decided to supply water to the cultivators of the villages belonging to Government. No huck or allowance will have to be Paid to Government for taking the water. But as regards the quantity of water to be given, it is to be stated that the cultivators of the villages under Edur will be allowed to take water in the same proportion in which those under Government will be allowed to take water for their land.

6. Owing to the construction of the weir, water will accumulate for certain miles in the river. The people will therefore find it difficult to ford the river, and the cultivable land in the river will be submerged under water, in consequence of which loss will be sustained. With reference to this, Government have agreed that so long as the river is unfordable, that is to say, until the river is filled up with sand and kuruss (mud ?) and becomes fordable as now, a double boat capable of conveying men, cattle, carts, &c., &c., will, as written by the Political Agent, be maintained at the expense of Government. By this means the inconvenience felt by passengers in going and coming will be removed.

The cultivable land in the river will, owing to the weir, be submerged under water; the produce of the said land will be taken into consideration. An average thereof will be taken, and compensation for the proportionate amount that may be found for one year will be paid annually by Government, and thus until the land by the kuruss (mud ?) and sand being dried is hardened and becomes as it is now, Government will pay compensation until that time.

7. By the construction of the weir, as mentioned above, in the river there will be an accumulation of water therein. The cultivators under Edur have a right to convey water therefrom to raise crops on their lands. But in what manner and quantity should water be taken? The provision about taking water from the canal as stated in the preceding 5th paragraph will be allowed to be taken in accordance therewith.

8. If, in consequence of the construction of the weir in the river as stated above, the river is much flooded and loss is thereby occasioned, compensation for as much loss as may be caused will be paid by Government. If peradventure the river be flooded to such an extent as to oblige the inhabitants of Dhanda and other villages on its banks to remove their houses, &c., the loss will be made up by Government according to the estimate thereof framed by the Engineer.

9. A place will be required for the residence of the Engineer. The Durbar will give ground bighas 5 (five) for it without taking any price. Government will pay the cost of the bungalow or any other building which may be required to be created thereon.

10. Land one hundred yards wide within the limits of the Edur Sansthan has been given for the canal. As shown in the plan the length of the land commencing from the mark C on the south side of the Hathmatee river extends as far as the mark G. The Political Agent or the Assistant Political Agent in charge of Edur is authorized by the Edur Durbar to require into and determine any revenue or criminal case that may arise within the aforesaid locality, and the British Government has consented to this delegation of authority and the exercise thereof by the Political Agent and the Assistant Political Agent in charge of Edur, agreeably to such orders as may from time to time be issued by His Excellency the Governor in Council of Bombay.

Dated Sansthan, Edur, 20^th July 1874.

MARARANEEJEE HALEEJEE SA