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may 1980

Supreme Court of India · 1980-05-08

STATE OF UTTAR PRADESH vs ATA MOHD.

Citation / case number
SC 1970/60323
Court
Supreme Court of India
Petitioner
STATE OF UTTAR PRADESH
Respondent
ATA MOHD.
Author
P.S. KAILASAM
Bench
P.S. KAILASAM

Judgment text excerpt

The Supreme Court held that under Section 116 of the U.P. Municipalities Act, the Municipal Board has control over streets but does not acquire ownership rights over the underlying land. The Court clarified that if a street is diverted from its intended use, the Municipality's interest ceases, allowing the State to intervene and evict illegal occupants. The appeal by the State of Uttar Pradesh was allowed, reversing the High Court's dismissal of the suit for mandatory injunction against the respondent.

STATE OF UTTAR PRADESH vs ATA MOHD. · Niyam