Citation of the case:

MUNICIPAL CORPORATION OF DELHI Vs. RESPONDENT: GURNAM KAUR

1989(1) SCC 10119891 Supreme Court Cases 101AIR 1989 SC 38AIR 1989 Supreme Court
38JT 1988 (4)SC 11LNIND 1988 SC 441

Facts of the case:

Some persons were plying their business by squatting on pavement in front of a hospital in Delhi
and had put up stalls or kiosk allegedly on Tehbazari under a licence under section 321 of the
Delhi Municipal Corporation Act, 1957.

The Delhi Municipal Corporation tried to remove them by demolishing their stalls etc. These
persons filed suits in the Court of Subordinate Judge praying for perpetual injunction restraining
the Corporation from interfering with their business and/or removing or demolishing any
temporary structures put up by them for plying their trade.

The Subordinate Judge disallowed the plaintiffs' main claim seeking a declaration that the
Municipal Corporation had no right or authority to remove the stalls built up by them.

He however held that by virtue of the Tehbazari licence granted in their favour the plaintiffs had
acquired the right to occupy and carry on business at the suit sites till their licence was not
terminated by the Corporation according to the procedure laid down in proviso (a)(ii) of Sub-
Section of Section 430 of the Act.

Procedural history:

The history of filing the case because firstly as we can see that in the cases of Olga Tellis and
Mumbai Hawkers union in the above case the peoples got justice and now they are filing the
case for the justice

Issues and holdings:

The issues in the case are for the formation of new stall as done in the previous case

Reasoning:
On the bases of judgment of high court the defendant went to supreme court as in the previous
case the judgment must not take as Precedent but the high court of Bombay took and the
judgment given by them overruled and the plaintiff didn’t get the new stall.

Evolution:

1. P. B. Ghayalod versus Maruti Udyog Limited and Oth

2. Mazdoor Congress and Others versus N.L. Bhalchandr

3. Tmt.Mohasinia versus State of Tamil Nadu

4. Uttar Pradesh State Electricity Board versus Ashok

5. Sundari versus the District Collector, Virudhunaga

6. Vishal Agencies versus Commercial Tax Officer, Mad

7. State of U. P. and Others versus Jeet S. Bisht

8. BAR COUNCIL OF INDIA versus UNION OF INDIA

9. G.Easwaran versus Government of Tamilnadu

Synthesis:

1. OLGA TELLIS & ORS. Vs. BOMBAY MUNICIPAL CORPORATION & ORS. ETC. - LNIND
1985 SC 215 (1985) 3 SCC 5451985 (2) SCALE 5AIR 1985 SC 180AIR 1986 SC 108AIR 1986
SC 180AIR 1986 SC 180(5) LNIND 1985 SC 215.

2. BOMBAY HAWKERS’ UNION AND ORS. Vs. BOMBAY MUNICIPAL CORPORATION AND
ORS. (1985)3 SCC 528AIR 1985 SC 1206AIR 1989 SC 1998LNIND 1985 SC 208

3. 2000 AIR (SC) 622, Maharashtra Vikrikar Karamchari Sangathan versus State of
Maharashtra]
4. 1993 AIR (SC) 787, junior telecom Officer Forum Versus Union of India]

5. 1989 AIR (SC) 1988, Sodan Singh and Others versus New Delhi Municipal Committee and
Others]