SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1976 Supreme(Cal) 148

AMIYA KUMAR MUKHERJI
Keshab Chandra Ghose – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
Ranjit Kr. Banerjee, Saktinath Mukherjee, Sudhis Daj Gupta, Amit Roy, Abhijit Banerjee, Ashok Banerjee ...for the Petitioners.
D. Gupta, Standing Counsel, K. Ganguli, K N. Laha, B. K. Roy Choudhury, P.N. Palit, Biswa R. Ghosal, Dilip Bose ...for the Respondent nos. 1 and 2.
Ajit Roy Mukherjee, Sailen Roy, Narendra N. Saha .. for the Municipality.

JUDGMENT

The judgment of the Court was as follows :

These 104 Rules were obtained by the petitioners who are squatters and have erected temporary huts on the metalled portions of the public street known as "Arobinda Road" at Naihati. They challenged a notice dated 31.10.75 issued by the Administrator, Naihati Municipality, by which the petitioners were asked to remove the obstructions on the two sides of the road within 30 days from the date of that notice, in default, the authorities would take action in accordance with law. It is the case of the petitioners that they were refugees and they were forced to leave East Pakistan. From Sealdah Station they shifted to Naihati. By erecting shops on the land situated by the side of Arobinda Road within Naihati Municipality, they started business. It is alleged that the petitioners have been carrying on business since last 28 years. Sometime in 1953 the local police tried to disturb their peaceful possession but at the instance of the union known as Naihati Hawhrs' Union formed in 1950, the S.D.O., Barracpore, sent a note to the Officer-in-charge, Naihati Police Station, that so long as alternative arrangements were not made, these poor hawk




















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top