ISSUE:
Whether the Municipal Corporation of Delhi is liable for the death of an individual caused by negligence by failing to maintain trees in the public?
What is the limitation period to file a suit under Section 478 of the Delhi Municipal Corporation Act of 1957?
RULE:
The Municipal Corporation owes a duty in ensuring that trees in the public that are old, dry and dead are to be handled with care immediately to prevent any damage to the passerbys.
When the owner of a tree has a constructive knowledge of the harmful condition the tree is in, they owe a duty of care to the general public.
The limitation period of 6 months under Section 478 of the Delhi Municipal Corporation Act, 1957 is applicable to suits filed for actions done by the Corporation within the limits of the Act and not for tortuous negligence cases. The limitation period of 2 years in Article 82 of the Limitation Act 1963 would be applicable to tortuous negligence cases.