Supreme Court of India · 2011-08-29
MD.MURTAZA vs STATE OF ASSAM .
- Citation / case number
- SC 2009/13927
- Court
- Supreme Court of India
- Petitioner
- MD.MURTAZA
- Respondent
- STATE OF ASSAM .
- Author
- MARKANDEY KATJU,CHANDRAMAULI KR. PRASAD, , ,
- Bench
- MARKANDEY KATJU,CHANDRAMAULI KR. PRASAD, , ,
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 under Article 19(6). The judgment reinforced the principle that public interest prevails over private interests, referencing Friends Colony Development Committee vs. State of Orissa and Sales Tax Officer vs. Shree Durga Oil Mills.