SUIT FOR COMPENSATION FOR ROAD CONSTRUCTION ON PRIVATE LAND BARRED BY LIMITATION: SC

In a recent judgment, the Supreme Court of India ruled that a suit filed for the construction of a road on private land without payment of compensation was barred by limitation. The Court set aside the High Court's decision and restored the judgment and decree of the trial court dismissing the suit.

The dispute arose when the State of Himachal Pradesh and others constructed a road, known as "Tikkari-Larot-Bodra Kwar road," on the land belonging to Chandervir Singh Negi. The plaintiff claimed that the road was built without complying with the provisions of the Land Acquisition Act and without compensating him for his land and the damage caused to his fruit-bearing trees.

The Supreme Court, examining the evidence, noted that the road was constructed in 1987 with the plaintiff's consent. The plaintiff had not raised any objections or claimed compensation until 2002, which indicated his consent to the construction. Considering the delay in filing the suit, the Court held that it was barred by limitation under Articles 58 and 72 of the Limitation Act.

Quoting from the judgment, the Court stated, "The fact remains that the road in question was constructed in the year 1987; the trees, if any, were damaged/removed in the year 1987; the retaining/protection wall was constructed on the land of the plaintiff in the year 1987, and the suit was filed in the year 2003. Therefore, the suit was barred by limitation."

The Court further highlighted that the High Court had erred in not framing a substantial question of law on the issue of limitation and had failed to consider the specific facts of the case. The judgment and order of the High Court were deemed unsustainable, and the Court allowed the appeal, setting aside the High Court's decision.

DATE OF DECISION: February 24, 2023

State of Himachal Pradesh & Ors.    VS Chandervir Singh Negi