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Oct 24, 2010

M/S Abhilash Textiles Vs The Rajkot Municipal Corp, AIR 1988 Guj 57

Hon'ble Supreme Court of India observed as under, "Is there any right to carry on business or trade in unregulated manner and cause nuisance to the public and also become a health hazard to the society at large? If no, can the petitioners claim any right to be heard before they are asked to discontinue or prevent the nuisance?....
Article 19(1)(g) of the Constitution confers right upon every citizen to practice any profession or to carry on any occupation, trade or business. But this fundamental right is subject to reasonable restrictions which may be placed in the interest of the general public as provided for in sub-clause (6) of Art. 19 itself. No one has a right to carry on business so as to cause nuisance to the society….
The petitioners cannot assert their right, much less fundamental right, to carry on business without any regard to the fundamental duty. In a complex society, in which we live today, no one can claim absolute freedom without incurring any obligation whatsoever for the general well being.”

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