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july 1985

Supreme Court of India · 1985-07-10

OLGA TELLIS & ORS. vs BOMBAY MUNICIPAL CORPORATION & ORS. ETC.

Citation / case number
SC 1981/63657
Court
Supreme Court of India
Petitioner
OLGA TELLIS & ORS.
Respondent
BOMBAY MUNICIPAL CORPORATION & ORS. ETC.
Bench
CHANDRACHUD, Y.V. ((CJ),FAZALALI, SYED MURTAZA,TULZAPURKAR, V.D.,REDDY, O. CHINNAPPA ,VARADARAJAN, A.

Judgment text excerpt

The Supreme Court held that the forcible eviction of pavement and slum dwellers by the State of Maharashtra and the Bombay Municipal Corporation violated their fundamental rights under Article 21, which includes the right to livelihood. The Court emphasized that no person can be deprived of their right to life without due process, and that the actions taken under Section 314 of the Bombay Municipal Corporation Act must adhere to principles of natural justice. The Court ruled that the eviction was unconstitutional and ordered the respondents to refrain from demolishing the dwellings without following due process.

OLGA TELLIS & ORS. vs BOMBAY MUNICIPAL CORPORATION & ORS. ETC. · Niyam