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october 2016

Supreme Court of India · 2016-10-07

ASIKALI AKBARALI GILANI ETC vs NASIRHUSAIN MAHEBUBBHAI CHAUHAN

Citation / case number
SC 2013/22777
Court
Supreme Court of India
Petitioner
ASIKALI AKBARALI GILANI ETC
Respondent
NASIRHUSAIN MAHEBUBBHAI CHAUHAN
Author
A.M.KHANWILKAR
Bench
A.M. KHANWILKAR T.S. THAKUR

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the Municipality violated Section 65 of the Gujarat Municipality Act, 1963 by granting leases for public streets without proper authority. The Court emphasized that public streets must remain accessible for public use and cannot be leased out, establishing that the Municipality acts as a trustee for public property. The Court affirmed the High Court's directive to the Collector to remove illegal occupants and demolish unauthorized structures, reinforcing the need for compliance with statutory provisions.

ASIKALI AKBARALI GILANI ETC vs NASIRHUSAIN MAHEBUBBHAI CHAUHAN · Niyam