Can Authorities Evict Shopkeepers Without Rehabilitation?
The Chhattisgarh High Court, in Jhamman Sahu v. State of Chhattisgarh, reaffirmed that while the State has the authority to remove occupants from unsafe public premises, such action must be carried out in a fair, reasonable, and lawful manner.
The Court held that directing long-standing shopkeepers to vacate dilapidated premises without considering their representations, providing reasonable time, or exploring alternative arrangements was arbitrary and inconsistent with Articles 14, 19(1)(g), and 21 of the Constitution of India.
Key Takeaways:
• Public safety is essential, but so is protecting the livelihood of citizens.
• Eviction must follow due process and principles of natural justice.
• Authorities should provide reasonable time for relocation.
• Representations seeking rehabilitation or alternative arrangements deserve genuine consideration.
• The right to livelihood forms an integral part of the right to life under Article 21.
This judgment highlights the need to balance public interest with constitutional safeguards, ensuring that administrative actions remain fair, humane, and legally sound.
This post is intended for legal awareness and educational purposes only.
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