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SUPREME COURT OF INDIA

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PETITIONER:

MUNICIPAL CORPORATION OF DELHI

Vs.

RESPONDENT:

GURNAM KAUR

DATE OF JUDGMENT12/09/1988

BENCH:

SEN, A.P. (J)

BENCH:

SEN, A.P. (J)

VENKATARAMIAH, E.S. (J)

RAY, B.C. (J)

CITATION:

1989 AIR 38 1988 SCR Supl. (2) 929

1989 SCC (1) 101 JT 1988 (4) 11

1988 SCALE (2)1155

CITATOR INFO :

R 1989 SC1988 (33)

ACT:

Delhi Municipal Corporation Act, 1957--Sec. 320 Bar on

illegal encroachment on public land--Sec. 322--Exercise of

power by Commissioner to remove encroachment. In a Writ

Petition under Article 226 of the Constitution High Court

restrained Corporation from stopping pitching of a stall on

public land--Held High Court could not give sucha direction

contrary to provisions of Section 320 and 322.

%

Precedent--Precedential value of a direction made by the

Supreme Court on a writ petition under Article 32 based on

consent of parties with the reservation that it should not

be treated as a precedent--Precedents sub silentio and

without argument are of no moment--What is binding on an

authority is the principle upon which the case was decided-