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october 1954

Supreme Court of India · 1954-10-13

SAGHIR AHMAD vs THE STATE OF U. P. AND OTHERS.(With Connected Appeal)

Citation / case number
SC 1954/90359
Court
Supreme Court of India
Petitioner
SAGHIR AHMAD
Respondent
THE STATE OF U. P. AND OTHERS.(With Connected Appeal)
Bench
MAHAJAN, MEHAR CHAND (CJ),MUKHERJEA, B.K.,DAS, SUDHI RANJAN,BOSE, VIVIAN,HASAN, GHULAM

Judgment text excerpt

The Supreme Court held that highways originate from the dedication of land by the owner for public use, with long and uninterrupted use by the public establishing a presumption of dedication. The Court emphasized that while the State holds public roads as trustees for the public, citizens have a right to use these roads for business purposes, including operating transport vehicles, subject to reasonable regulations. The judgment clarified that any legislation infringing on this right must comply with Article 19(1)(g) and its limitations under Article 19(6). The U.P. Road Transport Act, 1951 was examined in light of these constitutional provisions, affirming the citizens' rights against undue state control over highways.

SAGHIR AHMAD vs THE STATE OF U. P. AND OTHERS.(With Connected Appeal) · Niyam