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january 1971

Supreme Court of India · 1971-01-15

RAMAKRISHNA HARI HEGDE & ANR. vs MARKET COMMITTEE, SIRSI & ORS.

Citation / case number
SC 1966/60510
Court
Supreme Court of India
Petitioner
RAMAKRISHNA HARI HEGDE & ANR.
Respondent
MARKET COMMITTEE, SIRSI & ORS.
Bench
REDDY, P. JAGANMOHAN

Judgment text excerpt

The Supreme Court held that the Notification issued under the Bombay Agricultural Produce Markets Act, 1939, specifically sections 4 and 4A, which designated a new Principal Market Yard, violated the appellants' fundamental right to carry on business as it provided an unreasonable time frame for relocation. The Court acknowledged the government's power to issue such Notifications in public interest but found the ten-day period for shifting to be impractical. However, since the Market Committee agreed to extend the time for relocation to one and a half years, the Notification was upheld and not struck down.

RAMAKRISHNA HARI HEGDE & ANR. vs MARKET COMMITTEE, SIRSI & ORS. · Niyam