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Supreme Court Of India

(From : Punjab and Haryana)

Hon'ble Judge(s): Mukundakam Sharma, Anil R. Dave , JJ

(A) Limitation Act (36 of 1963) , S.22— Encroachment on public street - Is a continuing wrong - Cause of action is created as long as injury continues - Suit for mandatory injunction and for removal of encroachment hence cannot be said to be barred by limitation. Any act of encroachment is a wrong committed by the doer. Such an encroachment when made to a public property like @page-SC953 encroachment to public road would be a graver wrong, as such wrong prejudicially affects a number of people and, therefore, is a public wrong. So long any obstruction or obstacle is created to free and unhindered access and movement in the road, the wrongful act continues thereby preventing the persons to use the public road freely and unhindered. Therefore, that being a continuing source of wrong and injury, cause of action is created as long as such injury continues and as long as the doer is responsible for causing such injury. Therefore it cannot be said that the suit for mandatory injuction and for removal of encroachment is barred by limitation. (B) Civil P.C. (5 of 1908) , O.1 R.8— Representation suit - Leave of Court - Necessity - Suit for removal of encroachment on public street - Suit was filed by an aggrieved person whose right to use public street of 10 feet width was preju....