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2022 Supreme(Bom) 286

SANDEEP K.SHINDE
Mulund Stall Holders and Owners Welfare Association (Registered) – Appellant
Versus
Municipal Corporation of Greater Mumbai – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. G.V. Murti, Y.K. Tiwari, Pradeep L Dubey.
For the Respondents: Mr. Dharmesh Vyas, Mr. Ravindra Sirsikar.

JUDGMENT :

SANDEEP K. SHINDE, J.

1. It is settled law that if a project undertaken by the local body is beneficial for larger public, inconvenience to small number of people is to be accepted. Thus, proposition of law is that individual interest or for that matter smaller public interest must yield to the larger public interest. Therefore, inconvenience to some, should be bypassed for a larger interest or cause of the society.

Here is the case, where retail vendors, who were permitted to install small stalls along the road, abutting Railway Station, in Suburbs of Mumbai, have declined to shift their stalls, at alternate locations, offered by the local Authority. As also they are not willing to accept compensation offered by the local body - in lieu of their stalls. Reason being, the alternate sites offered were not suitable. Facts of the case, are like this. Appellant is a registered Association of stall-holders. Its members claim that Standing Committee of the Corporation vide Resolution dated 17th August, 1983 authorized them, to install stalls of a specified size along S.V.P. Road, abutting Mulund Railway Station, between west side of Railway Station Gate up to Police Chowki. Indis

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