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april 1998

Supreme Court of India · 1998-04-17

STATE OF MAHARASHTRA vs ALKA B HINGE

Citation / case number
SC 1997/12815
Court
Supreme Court of India
Petitioner
STATE OF MAHARASHTRA
Respondent
ALKA B HINGE
Author
S.P. KURDUKAR G.T. NANAVATI
Bench
S.P. KURDUKAR G.T. NANAVATI

Judgment text excerpt

The Supreme Court set aside the High Court's interim order directing the immediate removal of encroachments within 72 hours, finding it unreasonable given the humanitarian implications for the hut-dwelling encroachers. The Court emphasized the need for a careful and reasonable approach in such cases, directing the State to determine the land's future use and to remove encroachments only within a reasonable timeframe if the land is not required for public purposes. The appeal was allowed, modifying the High Court's order accordingly.

STATE OF MAHARASHTRA vs ALKA B HINGE · Niyam