Supreme Court of India · 1996-08-06
THE NAIHATI MUNICIPALITY AND ORS vs CHINMOYEE MUKHERJEE AND ORS
- Citation / case number
- SC 1983/66109
- Court
- Supreme Court of India
- Petitioner
- THE NAIHATI MUNICIPALITY AND ORS
- Respondent
- CHINMOYEE MUKHERJEE AND ORS
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that the rehabilitation of hawkers through land acquisition serves a public purpose under the Land Acquisition Act, 1894, specifically referencing Section 6. The Court found that the High Court erred in quashing the declaration under Section 6, as the municipality, being a local authority, is responsible for the acquisition costs, even if initially funded by the hawkers' union. The appeal was allowed, reinstating the acquisition process for the benefit of public order and traffic flow.