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february 2019

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.

MUNICIPAL CORPORATION OF GREATER MUMBAI vs RAFIQUNNISA M. KHALIFA (DECEASED) THROUGH HIS LEGAL HEIR MR. MOHD MUQUEEN QURESHI · Niyam