#livelihood rights

The Bombay High Court found that the state’s unauthorized pipeline construction, which obliterated over 550 pomegranate trees-the petitioner’s sole livelihood-constitutes a prima facie violation of the right to livelihood under Article 21 and property rights under Article 300A. Notice has been issued to government agencies to justify their failure to assess or compensate for this irreversible economic harm, setting a critical precedent for infrastructure projects impacting agrarian communities.

The Bombay High Court has ruled that cancelling a street vendor’s license solely because their original supplier stopped business violates the right to livelihood under the Street Vendors Act, 2014. Municipal authorities must permit vendors to switch to new goods within four weeks, recognizing vending as a dynamic livelihood, not a static contractual arrangement tied to a single supplier.

The Bombay High Court has ruled that electricity suppliers cannot disconnect power without a final assessment order under Section 126 of the Electricity Act, 2003, even in cases of alleged theft. This protects the livelihood of businesses and employees by enforcing procedural fairness and preventing arbitrary deprivation of essential utility, reinforcing natural justice in public utility enforcement.

Calcutta High Court rules that State Bank of India, as an 'autonomous body', must comply with the Supreme Court’s directive to reinstate untainted candidates from the SLST 2016 recruitment, ensuring full service continuity, seniority, and increments. The judgment clarifies that public sector banks cannot evade the apex court’s mandate by claiming non-governmental status, setting a precedent for similar cases involving livelihood rights and service law.

The High Court of Jammu & Kashmir and Ladakh quashed a municipal order that disregarded a court-supervised expert report declaring shops structurally safe, ruling that administrative authorities cannot override judicially endorsed technical findings when livelihood rights under Article 21 are at stake. The judgment reinforces that arbitrary administrative actions conflicting with judicial directions constitute a fraud on power, particularly where economic rights of citizens are involved.

Kerala High Court holds that municipal authorities must conduct a fair hearing before evicting long-term street vendors under the Street Vendors Act, 2014, affirming procedural fairness.