Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | municipal corporation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Ahmedabad Municipal Corporation Act, 1949 (59 of 1949) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Ahmedabad Municipal Corporation Act-Foot-path hawkers on public streets--Obstructions to traffic and other public amenities-Removal by Corporation under an approved scheme-Tactics of hawkers to thwert implementation of scheme- lnterim injunction granted in their favour vacated. A mushroom growth of public street/footpath hawkers affected the (traffic and other public amenities. The Corporation (appellant) decided to remove the obstructions created by such hawkers, after giving them enough y opportunity. The Corporation's action was challenged by way of writ petitions in the High Court. The High Court after hearing all the petitioners and following the judgments of this Court in Bombay Hawkers Union v. Bombay Municipal Corporation, [1985) 3 SCC 528 and Olga Tellis v. Bombay Municipal Corporation, [1985) 3 SCC 544 directed the Corporation to evolve a scheme having regard to the overall local conditions in the area. Several special leave petitions were filed against the High Court's judgment and this Court remitted the matter back to the High Court for consideration of the scheme. On 22.4.87 the High Court held that the scheme framed by the Corporation deserved to be accepted subject to certain modifications. When some of the aggrieved persons approached this Court, this Court permitted the hawkers and other similarly placed traders to place their difficulties before the High Court. On 7.12.87 the High Court reconsidering the scheme, held that it was not necessary to further modify the scheme and ultimately the scheme was confirmed. The respondents were small traders running their business in small shops. They were alleged to have made encroachments and were also covered by the scheme. They filed several suits and withdrew them after the High Court gave its final verdict. On 1.10.88 the respondents filed a suit in the City Civil Court for directions and injunction. The appellant Corporation filed a reply to the notice of motion. The City Civil Court on 18.9.89 vacated the interim injunction. The respondents thereupon filed an appeal in the High Court seeking interim injunction which was admitted granting interim injunction restraining the Corporation from removing or pulling down the business premises of the respondents. The Corporation filed the present appeal questioning the High Court's order, contending that on earlier occasions the High Court dismissed the appeals and that the encroachment was causing nuisance and inconvenience to the public and the Corporation was finding it extremely difficult to implement the scheme which was considered and approved by the High Court in accordance with the directions given by this Court. The respondents submitted that there was no objections to the implementation of the scheme; and that their shops did not in any way amount' to encroachment and their locations did not cause any inconvenience or nuisance. |
Judge | Hon'ble Mr. Justice K. Jayachandra Reddy |
Neutral Citation | 1992 INSC 88 |
Petitioner | Ahmedabad Municipal Corporation |
Respondent | Dilbagsingh Balwantsingh And Ors. |
SCR | [1992] 2 S.C.R. 322 |
Judgement Date | 1992-03-24 |
Case Number | 1117 |
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