SECRETARY, HPPWD Vs. CHAMAN LAL

JUDGEMENT

(1.) The present appeal is directed against the judgment and decree dtd. 31/8/2022, passed by the learned Additional District Judge, Sundernagar, District Mandi, H.P. (learned First Appellate Court), vide which the judgment and decree passed by learned Civil Judge, Court No.1, Sunderngar, District Mandi, H.P. (learned Trial Court) was partly modified. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present appeal are that the plaintiffs filed a civil suit before the learned Trial Court for seeking a permanent prohibitory injunction and mandatory injunction. It was asserted that the suit land described in para 1 of the judgment of the learned Trial Court is owned and possessed by the plaintiffs. The defendants have no right, title or interest over the same. The defendants constructed a road from Jarol to Behna without the consent of the plaintiffs through the suit land. The plaintiffs repeatedly asked the defendants to acquire the suit land. They even served a legal notice upon the defendants but in vain. Hence, the suit was filed to seek the relief mentioned above.

(3.) The suit was opposed by the defendants by filing a written statement taking preliminary objections, regarding lack of maintainability, plaintiffs being estopped from filing the suit by their acts and conduct and the suit being barred by limitation. It was asserted that the portion of the road, namely, Jarol-Salwana-Behna was completed before 1989. The road was declared fit for plying of vehicular traffic on 19/5/1989. The portion of the road from Jarol to Behna was made fit for vehicular traffic on 5/3/2005. Peoplehave been using the road for more than 20 years. The road could not have been constructed without the express consent of the land owners. The plaintiffs did not raise any objection to the construction of the road. The plaintiffs are not entitled to compensation after 20 years. All the landowners had given their verbal consent to the construction of the road. Mehar Chand, predecessor-in-interest, was the Nambardar of the area. He requested the HPPWD department and other government representatives to construct the road from his land. The plaintiffs have no right to challenge the construction of the road. Hence, it was prayed that the suit be dismissed.