#Continuing Wrong

The Bombay High Court has ruled that unlawful subletting constitutes a continuing wrong under Section 22 of the Limitation Act, 1963, meaning the 12-year limitation period for eviction begins only when the subtenant vacates the premises. This empowers landlords to pursue eviction even decades after initial unauthorized occupation, provided possession persists, and reshapes strategy in long-standing tenancy disputes.

Delhi High Court rules that senior officers denied pay parity with juniors due to administrative inaction-not individual fault-must be granted arrears for three years prior to rejection, with 6% interest. The judgment reinforces that continuing wrongs under FR 23 cannot be excused by bureaucratic delays, binding authorities to rectify pay discrepancies retroactively.

The Maharashtra State Consumer Commission ruled that a builder's persistent failure to provide agreed amenities under the Maharashtra Ownership Flats Act (MOFA) amounts to a continuing wrong, thereby extending the limitation period for filing a consumer complaint. This holding ensures homebuyers can seek redressal beyond the standard two-year limitation period if the breach persists.

NGT holds that illegal industrial encroachments violating development regulations can trigger jurisdiction under EPA, 1986 if they cause or apprehend environmental harm, even if underlying laws are not in Schedule I.

Gauhati High Court rules that delay and laches cannot bar claims for continuing wrongs in pay fixation disputes, affirming equal pay for equal work principle under service law.

Madhya Pradesh High Court holds that discriminatory denial of regularisation to similarly placed employees constitutes a continuing wrong with recurring cause of action under service law.