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february 2019

Supreme Court of India · 2019-02-18

Municipal Corporation Of Greater ... vs Rafiqunnisa M. Khalifa (Deceased) ...

Citation / case number
AIRONLINE 2019 SC 530
Court
Supreme Court of India
Petitioner
Municipal Corporation Of Greater ...
Respondent
Rafiqunnisa M. Khalifa (Deceased) ...
Author
Abhay Manohar Sapre
Bench
Dinesh Maheshwari, Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the Municipal Corporation of Greater Mumbai acted arbitrarily and illegally by removing the food stalls of the writ petitioners without prior notice, violating the principles of natural justice and Article 14 of the Constitution. The Court emphasized that the Municipal Corporation must adhere to the provisions of the Mumbai Municipal Corporation Act, 1888, particularly Section 314, which mandates due process before removal of structures. The Court directed the Municipal Corporation to either restore the stalls or provide alternative sites for the petitioners' businesses, along with compensation for losses incurred.

Municipal Corporation Of Greater ... vs Rafiqunnisa M. Khalifa (Deceased) ... · Niyam