Supreme Court of India · 2011-08-30
RAKESH SHARMA vs STATE OF M.P. .
- Citation / case number
- SC 2008/11126
- Court
- Supreme Court of India
- Petitioner
- RAKESH SHARMA
- Respondent
- STATE OF M.P. .
- Author
- P. Sathasivam
- Bench
- P. SATHASIVAM,B.S. CHAUHAN, , ,
Judgment text excerpt
The Supreme Court upheld the High Court's decision regarding the Municipal Corporation of Gwalior's actions concerning the shopkeepers of Gandhi Market, affirming that the shopkeepers, who were allotted shops post-partition, were not encroaching on public land as alleged. The Court emphasized the need for adherence to the terms of the original allotment and the resolutions passed by the Municipal Corporation regarding rent and space allocation. The judgment reinforced the principle that tenants cannot be arbitrarily evicted without due process, thus maintaining the status quo of the shopkeepers' occupancy.