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1996 Supreme(SC) 1701

G.B.PATTANAIK, K.RAMASWAMY
Ahmedabad Municipal Corporation – Appellant
Versus
Nawab Khan Gulab Khan – Respondent


JUDGMENT

K. RAMASWAMY, J.

(1) LEAVE granted.

(2) THIS appeal by special leave arises from the judgment and order made on 20/2/1991 by the Gujarat High court in Special Civil Application No. 5351 of 1982.

(3) THE admitted facts are that 29 persons had filed the writ petition in the High court. They are pavement-dwellers in unauthorised occupation of footpaths of the Rakhial Road in Ahmedabad which is a main road. They have constructed huts thereon. When the Corporation sought to remove their encroachments on 10/12/1982, they approached the High court under Article 226 of the Constitution. The High court granted interim stay of removal of the encroachment. By the impugned judgment, the High court directed the Municipal Corporation not to remove their huts until suitable accommodation was provided to them. The High court also further held that before removing the unauthorised encroachments the procedure of hearing, consistent with the principles of natural justice should be followed.

(4) WE requested Shri Dushyant Dave, the learned Senior Counsel of the Bar to assist the court as amicus curiae and Smt K. Sharda Devi has been assigned as Le



















































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