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august 2011

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.

MD.MURTAZA vs STATE OF ASSAM . · Niyam