Town Planning - Encroachment - Eviction of occupants -
Rehabilitation I grant of monetary compensation - Internationally
revered seat. of Shirdi Sai Baba at Shirdi in the State of
Maharashtra - Appellants, small scale shopkeepers located in the
vicinity of Shirdi shrine, facing ouster from their shops - Suit filed
by them had been decreed on compromise in the year 1979, securing
their right of rehabilitation in the same locality - Decree however
was construed to be inexecutable by intervening developments -
Fresh rounds of confrontations - Consecutive adjudications
affirmed the displacement of appellants by acknowledging the
·mandate of the relevant Town Planning and Municipal Laws and
the overriding public interest - Held: The emerging situation is one
where private interest is pitted against public interest - Consequence
of the appellants being uprooted from their present sites of business,
would spell an overall dislocation in their lives - That many or all
of them have buildings elsewhere in the locality, assessed to
municipal tax, cannot fully neutralize this fallout - Appellants have
been conducting their business at the present sites for over 45 years
and over the time, h.aJ'.e built up the same with accompanying goodwill
and reputation - Nevertlieless for the cause of paramount public
interest, their eviction is unavoidable - In this premise, the State
and its functionaries directed to identify a siiitable site to
accommodate the appellants - However, in case alternative plot/
site is notfeasible, the appellants would then be entitled to a
lumpsum monetary compensation of Rs.20 lakhs each/or the bigger
shops/stalls and Rs.15 lakhs each for the smaller shops/stalls :-
Maharashtra Regional and Town Planning Act, 1966 - Bombay
Highways Act, 1955 - Maharashtra Municipal Councils, Nagar
Panchayats and Industrial Townships Act, 1965 - Constitution of
India - Art. 300A.Doctrines I Principles - Public trust doctrine - "res
communious" - Private interest vis public interest - Held: The notion A
of public interest synonymises colleetive welfare of the people and
public institutions - Perceptionally health, law and order, peace,
security and a clean environment are some of the areas of public
and collective good where private rights.being in conflict therewith
has to take a back seat- Maxims - "Salus Populi Est._Suprema Lex".