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Supreme Court of India 2016-10-07 disposed

Asikali Akbarali Gilani etc vs Nasirhusain Mahebubbhai Chauhan & Ors

Bench: 2 — A.M. Khanwilkar

In Brief

The Supreme Court upheld a High Court order directing removal of unauthorized structures from municipal public property and streets in Viramgam. The municipality had issued 869 leases without formal deed execution or State Government approval, as required by law. The Court held that no rights can be granted in public property without proper documentation and authorization. It affirmed the Collector's power to restore the property to its original state. However, the Court directed the State Government to formulate a rehabilitation policy within six months for long-standing occupants, while structures erected after a specified cut-off date must be removed without compensation.

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Municipal Law Real Property Administrative Law Public Property Remedies and Relief

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