Town area committee V Prabhu dayal AIR 1975 All. 132 Case Analysis

Citation
Keywords
Facts
Issues
Contentions
Law Points
Judgment
Ratio Decidendi & Case Authority

Full Case Details

Facts

• The plaintiff made certain construction without complying with the provisions of the U.P. Municipalities Act. The defendants demolished the construction.
  • The plaintiff sued the defendants contending that the demolition was illegal as some of the officers of the Town Area Committee were acting maliciously in getting the construction demolished.
• The Allahabad High Court held that the demolition of a building illegally constructed was perfectly lawful. The Court did not investigate the question whether the act was done maliciously or not as the same was considered to be irrelevant

Principles

• Damnum sine injuria - Damage without injury
• Act of plaintiff must be legal to get Damnum sine injuria

No person has the right to enjoy the fruits of an act which is an offence under law.

• Eminent domain
• Hari swaroop - Judge

The plaintiff can get compensation only if he proves to have suffered injury because of an illegal act of the defendant and not

• otherwise.
• Malice does not enter the scene at all.
• A legal act, though motivated by malice, will not make the action liable to pay damages.......................................................... merely because

some officer has malice against a citizen who has committed a wrong will not render the action of the authority invalid if it is otherwise in accordance with law. Mere malice cannot disentitle a person from taking recourse to law for getting the wrong undone. It is, therefore, not necessary to investigate whether the action was motivated by malice or not.