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february 1998

Supreme Court of India · 1998-02-04

SODAN SINGH vs N.D.M.C. & ORS.

Citation / case number
SC 1998/60647
Court
Supreme Court of India
Petitioner
SODAN SINGH
Respondent
N.D.M.C. & ORS.
Author
M. JAGANNADHA RAO
Bench
M. JAGANNADHA RAO. S.B. MAJMUDAR

Judgment text excerpt

The Supreme Court reiterated that the right to carry on trade or business is protected under Article 19(1)(g) of the Constitution, not Article 21. It held that hawkers do not have a fundamental right to occupy specific places on public pavements permanently, and the Municipality has the authority to regulate hawking under the Punjab Municipal Act, 1911 and the Delhi Municipal Corporation Act, 1957. The Court emphasized that licenses for hawking must consider public convenience and safety, and cannot be granted arbitrarily.

SODAN SINGH vs N.D.M.C. & ORS. · Niyam