AI Structured Summary
Not yet generated for this judgment
Judgment
R.J. Shah, J.
11-14. xxxxx
This leads me to the question regarding quantum of damages. Encroachment on property by itself is seldom unintended. At is root there is a deep eeated feeling of lawlessness. Persons who indulge in encroachments have less respect for law and Courts and are confident that they can handle all situations. In rare cases encroachments can also be unintended and under a mistake.
xxxxx 16. So far the measure of damages in such cases are concerned it hardly needs to be emphasised that the measure can never be as to what would have been the amount if similar parcels of land were let out under an agreement between the parties. Encroachment on land essentially means taking of actual possession of land without the consent of the owner and to his exclusion. If premium is not to be put on encroachment and if encroachments are to be discouraged then damages will have to be assessed taking into consideration the aforesaid aspects. Besides trespass on land continues as long as illegal possession is retained. In the present case encroachments have continued for years. If the parcels of land were not encroached upon and if the owner had the possession thereof then it would have benefited by the increase in the market price if any if it were to sell or let out the same. In the present case plaintiff has been deprived of such a benefit for a long period. This aspect of the matter should also weigh while assessing damages in a case such as the present. While assessing damages the trial Court has not proceeded on the aforesaid lines and so its findings in this connection will need to be disturbed.
17-19. xxxxx