Law:

Section:

ACT: Delhi Municipal Corporation Act, 1957--Sec. 320 Bar on illegal encroachment on public land--Sec. 322--Exercise of power by Commissioner to remove encroachment. In a Writ Petition under Article 226 of the Constitution High Court restrained Corporation from stopping pitching of a stall on public land--Held High Court could not give sucha direction contrary to provisions of Section 320 and 322. Precedent--Precedential value of a direction made by the Supreme Court on a writ petition under Article 32 based on consent of parties with the reservation that it should not be treated as a precedent--Precedents sub silentio and without argument are of no moment--What is binding on an authority is the principle upon which the case was decided--Obiter dicta are not binding. HEADNOTE: 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. Two of the squatters namely Jamuna Das and his brother filed writ petitions in this Court seeking a writ of mandamus ordaining the Municipal Corporation to allot each of them a suitable site on pavement in front of the main gate of the hospital. (Jamna Das & Anr. v. PG NO 929 PG NO 930 Delhi Administration & Ors., Writ Petition…

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