INDERJEET SINGH Vs. JAMMU DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) STREET trading received judicial recognition by the Supreme Court of India in case reported as Sodan Singh v. New Delhi Municipal Committee AIR 1989 SC 1988. The practice as prevalent in England was taken note of paragraphs 427 and 428 of Halsburys Laws of England Edition IV Vol 40, were quoted. These paras are noticed again :

(2.) AFTER taking note of above practice as prevalent in England, in para 34 of the above JUDGMENT it was observed that street trading is a fundamental right. This is however, subject to certain reasonable restrictions what was said in para 34 is being quoted:

(3.) THUS Supreme Court of India impressed upon the local authorities to frame schemes for regulating street trading. Before proceeding further as to how JUDGMENT given in Sodan Singh case (supra) was implemented by the New Delhi Municipal Committee facts in various petitions be noticed Above aspect is one of the matter which is being projected in writ petitions enumerated in the schedule appended to this order Some of the writ petitioners are contending that letters of allotments in fact came to be issued. These have been withdrawn. In other cases it is stated that petitioners are carrying on their business in Khokas and if they are to be shifted then alternative site should be allotted to them.