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.