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.