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august 1989

Supreme Court of India · 1989-08-30

SODAN SINGH ETC. ETC. vs NEW DELHI MUNICIPAL COMMITTEE & ANR. ETC.

Citation / case number
SC 1987/70931
Court
Supreme Court of India
Petitioner
SODAN SINGH ETC. ETC.
Respondent
NEW DELHI MUNICIPAL COMMITTEE & ANR. ETC.
Author
VENKATARAMIAH, E.S. (),NATRAJAN, S. ,SHARMA, L.M. ,OJHA, N.D. ,KULDIP SINGH
Bench
VENKATARAMIAH, E.S. (CJ),NATRAJAN, S. ,SHARMA, L.M. ,OJHA, N.D. ,KULDIP SINGH

Judgment text excerpt

The Supreme Court held that while individuals have the right to use public roads, this right is subject to reasonable restrictions to prevent public nuisance and ensure the rights of others. Article 19(1)(g) guarantees the right to carry on trade, but such activities must be properly regulated to avoid chaos and obstruction. The Court clarified that the right to trade does not equate to an absolute right to occupy specific public spaces, and Article 21 does not apply to trade or business. The Delhi Municipal Corporation Act, 1957, empowers the Corporation to regulate hawkers on sidewalks as deemed practical.

SODAN SINGH ETC. ETC. vs NEW DELHI MUNICIPAL COMMITTEE & ANR. ETC. · Niyam