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august 2018

Supreme Court of India · 2018-08-27

BHARMAL MEDICAL STORE CIVIL HOSPITAL BADNAGAR vs STATE OF M.P.

Citation / case number
SC 2015/15753
Court
Supreme Court of India
Petitioner
BHARMAL MEDICAL STORE CIVIL HOSPITAL BADNAGAR
Respondent
STATE OF M.P.
Author
HON'BLE MR. JUSTICE NAVIN SINHA
Bench
HON'BLE THE CHIEF JUSTICE RANJAN GOGOI, HON'BLE MR. JUSTICE NAVIN SINHA, HON'BLE MR. JUSTICE K.M. JOSEPH

Judgment text excerpt

The Supreme Court held that the eviction of lessees from shop premises within hospital grounds, as per the Sardar Vallabh Bhai Patel Nishulka Aushadhi Vitaran Yojna, without a show cause notice, violates Article 19(1)(g) of the Constitution. The Court emphasized the need to balance the government's objective of providing free medicines with the appellants' right to earn a livelihood. The Court ruled that the presence of private medicine shops could coexist with government supply, thus allowing the appellants to continue their operations.

BHARMAL MEDICAL STORE CIVIL HOSPITAL BADNAGAR vs STATE OF M.P. · Niyam