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october 2010

Supreme Court of India · 2010-10-08

Gainda Ram & Ors vs M.C.D. & Ors

Court
Supreme Court of India
Petitioner
Gainda Ram & Ors
Respondent
M.C.D. & Ors
Author
Asok Kumar Ganguly
Bench
G.S. Singhvi, Asok Kumar Ganguly

Judgment text excerpt

The Supreme Court held that hawkers have a fundamental right to carry on business on public streets under Article 19(1)(g) and Article 21 of the Constitution of India, as established in Sodan Singh v. New Delhi Municipal Committee (1989) 4 SCC 155. The Court distinguished the earlier ruling in Pyare Lal v. New Delhi Municipal Committee, affirming that while hawking is a right, it is subject to regulation to ensure public order and hygiene. The judgment emphasized the need for a balanced approach to street vending, recognizing both the rights of hawkers and the necessity of public space management.

Gainda Ram & Ors vs M.C.D. & Ors · Niyam