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2004 Supreme(SC) 1562

H.K.SEMA, S.N.VARIAVA
Maharashtra Ekta Hawkers Union – Appellant
Versus
Municipal Corporation, Greater Mumbai – Respondent


JUDGMENT

S.N. Variava, J.-Leave granted in Special Leave Petitions.

2. All these Appeals are against the Judgments of the High Court dated 5th July, 2000 and 3rd May, 2001. The facts leading up to these Appeals are that as far back in 1983 a number of Writ Petitions were filed in this Court, by and on behalf of a large number of persons who carried on hawking activities in Bombay. These Petitions came to be disposed of by Judgment of this Court in the case of Bombay Hawkers Union vs. Bombay Municipal Corporation reported in (1985) 3 SCC 528. By this Judgment, it was held that the right to carry on trade or business conferred by Article 19(1)(g) of the Constitution of India is subject to the provisions of sub-clause (6) of Article 19 which provided that nothing in sub-clause (g) of Article 19(1) would affect the operation of any existing law insofar as it imposed, or prevented the State from making any law imposing, in the interests of general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause. It was held that no one had any right to do his or her trade or business so as to cause nuisance, annoyance or inconvenience to the other members of







































































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