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SAYYED RATANBHAI SAYEED (D) TH. LRS. & ORS. vs. SHIRDI NAGAR PANCHAYAT & ANR.

SCR Citation: [2016] 11 S.C.R. 476
Year/Volume: 2016/ Volume 11
Date of Judgment: 22 February 2016
Petitioner: SAYYED RATANBHAI SAYEED (D) TH. LRS. & ORS.
Disposal Nature: Appeals Dismissed
Neutral Citation: 2016 INSC 197
Judgment Delivered by: Hon'ble Mr. Justice Amitava Roy
Respondent: SHIRDI NAGAR PANCHAYAT & ANR.
Case Type: CIVIL APPEAL /14016/2015
Order/Judgment: Judgment
1. Headnote

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".

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • 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
5. Equivalent citation
    Citation(s) 2016 AIR 1042 = 2016 (4) SCC 631 = 2016 (4) Suppl. SCC 631 = 2016 (2) JT 377 = 2016 (2) Suppl. JT 377 =