Trace Your Case

ISSUE:

Whether the order for eviction was violative of Article 21 of the Constitution?

Whether the actions of the State and Municipal Corporation were violative of Articles 19 and 21 of the Constitution?

Whether Section 314 of the Bombay Municipal Corporation Act that detailed the removal of encroachments from pavements was arbitrary and unreasonable?

RULE:

Article 39(a), a directive principle, states that the State must attempt to secure adequate means of livelihood for all men and women.

The right to life under Article 21 includes the right to a means of subsistence and evicting the concerned people from their homes would deprive them of their means of subsistence.

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