Breaking Supreme Court of India Advocates Balanced Approach to Diwali Firecracker Regulations
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Supreme Court of India 2016-02-22 dismissed

Sayyed Ratanbhai Sayeed (D) Th. Lrs. & Ors vs Shirdi Nagar Panchayat & Ors

Bench: 2 — Amitava Roy

In Brief

Small shopkeepers near the Shirdi Sai Baba temple challenged their ouster based on a 1979 compromise decree granting them occupation rights. After a 1992 development plan and 2001 highway control regulations designated their plots for garden use and restricted development, the Municipal Council issued a 2011 removal notice. The Supreme Court held the 1979 decree inexecutable due to intervening town planning laws and public safety concerns, but recognized the shopkeepers as lawful occupants. The Court directed the State to identify alternative plots for relocation; if none feasible, compensation of Rs. 20 lakhs (large shops) and Rs. 15 lakhs (small shops) is mandated. The appeals were dismissed subject to these rehabilitation or compensation directions within six weeks.

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Property Rights Urban Planning and Development Town Planning Law Public Interest Compensation and Rehabilitation Administrative Law Constitutional Law

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