Supreme Court of India · 2019-02-18
MUNICIPAL CORPORATION OF GREATER MUMBAI vs RAFIQUNNISA M. KHALIFA (DECEASED) THROUGH HIS LEGAL HEIR MR. MOHD MUQUEEN QURESHI
- Citation / case number
- SC 2018/33351
- Court
- Supreme Court of India
- Petitioner
- MUNICIPAL CORPORATION OF GREATER MUMBAI
- Respondent
- RAFIQUNNISA M. KHALIFA (DECEASED) THROUGH HIS LEGAL HEIR MR. MOHD MUQUEEN QURESHI
- Author
- HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
- Bench
- HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
Judgment text excerpt
The Supreme Court upheld the High Court's decision that the Municipal Corporation of Greater Mumbai violated the principles of natural justice and Article 14 of the Constitution by removing the food stalls of the writ petitioners without prior notice, as mandated by the Mumbai Municipal Corporation Act, 1888. The Court emphasized that the writ petitioners held valid health licenses and were entitled to due process before any removal action. Consequently, the Court directed the Municipal Corporation to restore possession of the stalls or provide alternative sites and compensation for the loss incurred.