Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Town Planning - Encroachment - Eviction of occupants - Rehabilitation I grant of monetary compensation - Internationally revered seat. of Shirdi Sai Baba at Shirdi in the State of Maharashtra |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Town Planning - Encroachment - Eviction of occupants - Rehabilitation I grant of monetary compensation - Internationally revered seat. of Shirdi Sai Baba at Shirdi in the State of Maharashtra - Appellants, small scale shopkeepers located in the vicinity of Shirdi shrine, facing ouster from their shops - Suit filed by them had been decreed on compromise in the year 1979, securing their right of rehabilitation in the same locality - Decree however was construed to be inexecutable by intervening developments - Fresh rounds of confrontations - Consecutive adjudications affirmed the displacement of appellants by acknowledging the ·mandate of the relevant Town Planning and Municipal Laws and the overriding public interest - Held: The emerging situation is one where private interest is pitted against public interest - Consequence of the appellants being uprooted from their present sites of business, would spell an overall dislocation in their lives - That many or all of them have buildings elsewhere in the locality, assessed to municipal tax, cannot fully neutralize this fallout - Appellants have been conducting their business at the present sites for over 45 years and over the time, h.aJ'.e built up the same with accompanying goodwill and reputation - Nevertlieless for the cause of paramount public interest, their eviction is unavoidable - In this premise, the State and its functionaries directed to identify a siiitable site to accommodate the appellants - However, in case alternative plot/ site is notfeasible, the appellants would then be entitled to a lumpsum monetary compensation of Rs.20 lakhs each/or the bigger shops/stalls and Rs.15 lakhs each for the smaller shops/stalls :- Maharashtra Regional and Town Planning Act, 1966 - Bombay Highways Act, 1955 - Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - Constitution of India - Art. 300A.Doctrines I Principles - Public trust doctrine - "res communious" - Private interest vis public interest - Held: The notion A of public interest synonymises colleetive welfare of the people and public institutions - Perceptionally health, law and order, peace, security and a clean environment are some of the areas of public and collective good where private rights.being in conflict therewith has to take a back seat- Maxims - "Salus Populi Est._Suprema Lex". |
Judge | Hon'ble Mr. Justice Amitava Roy |
Neutral Citation | 2016 INSC 197 |
Petitioner | Sayyed Ratanbhai Sayeed (d) Th. Lrs. & Ors. |
Respondent | Shirdi Nagar Panchayat & Anr. |
SCR | [2016] 11 S.C.R. 476 |
Judgement Date | 2016-02-22 |
Case Number | 14016 |
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