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february 1998

Supreme Court of India · 1998-02-04

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

Citation / case number
SC 1998/60654
Court
Supreme Court of India
Petitioner
SODAN SINGH
Respondent
N.D.M.C. & OTHERS
Author
M. JAGANNADHA RAO
Bench
M. JAGANNADHA RAO. S.B. MAJMUDAR

Judgment text excerpt

The Supreme Court held that the NDMC cannot arbitrarily deny an eligible squatter's application for change of trade from tea to garments, as long as the new trade is permissible. The Court emphasized that the right to carry on trade cannot be controlled solely by the NDMC's discretion, especially in the absence of a law under Article 19(6). The Court directed the NDMC to permit the change of trade, reinforcing that any denial must be subject to lawful conditions and the principles established in previous cases.

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