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august 1996

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.

THE NAIHATI MUNICIPALITY AND ORS vs CHINMOYEE MUKHERJEE AND ORS · Niyam