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1996 Supreme(Cal) 473

BHAGABATI PRASAD BANERJEE, VIDYA NAND
SOUTH CALCUTTA HAWKERS ASSOCIATION – Appellant
Versus
GOVERNMENT OF WEST BENGAL – Respondent


Advocates Appeared:
AJIT PANJA, ALOK GHOSH, AMALESH ROY, ARUNAVA GHOSH, DEBASIS GUN, FAZLUL HAQUE, M.C.Das, N.N.Gupta, T.C.DUTTA

BHAGAWATI PRASAD BANERJEE, VIDYA NAND

( 1 ) THIS is an appeal along with an application for stay and/or interim order against the judgment and order dated 3rd December, 1996 passed by the learned trial Judge in C. O. No. 18375 (W) of 1996 by the writ petitioners/appellants, whose writ petition was rejected summarily as similar writ petition has been disposed of by another learned single Judge of this Court in respect of writ petition filed by some other hawkers' Association which was disposed of by V. K. Gupta, J. of this Hon'ble Court.

( 2 ) THE facts are not in dispute that the City of Calcutta for several years, the State Government and the Municipal authorities have allowed hawkers not only to squat, but also to make unauthorised and illegal construction on the footpath and roads in gross violation of all Rules and Regulations and that several Hawkers Unions have been formed under the umbrella of some political parties to protect rights and interests of those hawkers. In 1985 a writ petition was filed by some of the hawkers in Howrah Station area claiming rights that not only they have squatted but to make temporary sheds and structures on the pavements as because they were ap















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