Supreme Court of India · 2011-08-29
Md.Murtaza & Ors vs State Of Assam & Ors
- Citation / case number
- AIR 2012 SC (CIVIL) 258
- Court
- Supreme Court of India
- Petitioner
- Md.Murtaza & Ors
- Respondent
- State Of Assam & Ors
- Bench
- Chandramauli Kr. Prasad, Markandey Katju
Judgment text excerpt
The Supreme Court upheld the decision of the Gauhati High Court to relocate wholesale vegetable and fruit vendors from Machkhowa market to the outskirts of Gauhati, citing public interest concerns such as traffic congestion, health hazards, and pollution. The Court emphasized that while the right to do business is protected under Article 19(1)(g) of the Constitution, it is subject to reasonable restrictions as per Article 19(6). The judgment referenced the principles established in Friends Colony Development Committee vs. State of Orissa and Sales Tax Officer vs. Shree Durga Oil Mills, affirming that public interest prevails over private interests.