AHMEDABAD MUNICIPAL CORPORATION Vs. NAWAB KHAN GULAB KHAN
LAWS(SC)-1996-10-10
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on October 11,1996

AHMEDABAD MUNICIPAL CORPORATION Appellant
VERSUS
Nawab Khan Gulab Khan And Ors. Respondents

JUDGEMENT

K.Ramaswamy, J. - (1.) Leave granted.
(2.) This appeal by special leave arises from the judgment and order made on February 20, 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 encroahments on December 10, 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.;


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