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1992 Supreme(SC) 263

S.R.PANDIAN, K.JAYACHANDRA REDDY
Ahmedabad Municipal Corporation – Appellant
Versus
Dilbagsingh Balwantsingh – Respondent


Advocates:
H.S.PARIHAR, KULDIP PARIHAR, M.N.SHROFF, Priya Hingorani, RAMESH P.BHATT, T.U.Mehta, TANUJA SHIL

Judgment

K.JAYACHANDRA REDDY, J.

(1) LEAVE granted.

(2) AHMEDABAD Municipal Corporation (Corporation for short) is the appellant herein and the four respondents are small traders running their businesses in small shops. They claimed that their shops are 10 feet away from the public road. According to the appellant Corporation there was a mushroom growth of public street/footpath hawkers which affected the traffic and other public amenities and therefore the police/public authorities within the municipal corporation area were constrained to remove the obstructions created by such hawkers after giving them enough opportunity. The said action of the police/public authorities had been challenged by way of a number of petitions in the High court of Gujarat. The High court after hearing all the petitioners and following the judgments of this court in Bombay Hawkers Union v. Bombay Municipal Corporation and Olga Tellis v. Bombay Municipal Corporation directed the Corporation to evolve a scheme having regard to the overall local conditions in the area. Questioning the above said order and judgment of the High court several special leave petitions were filed and




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