Olga Tellis and ors Vs. Bombay Municipal Corporation and ors

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Olga Tellis v. Bombay Municipal Corporation
Emblem of the Supreme Court of India.svg
Court Supreme Court of India
Full case nameOlga Tellis and Ors. v. Bombay Municipal Corporation and Ors.
Decided10 July 1985
Citation(s)1985 SCC (3) 545
Case opinions
The right to life under Article 21 of the Constitution of India includes the right to livelihood.

Olga Tellis v. Bombay Municipal Corporation (1986 AIR 180, 1985 SCR Supl. (2) 51) was a 1985 case in the Supreme Court of India. It came before the Court as a written petition by pavement and slum dwellers in Bombay (Now Mumbai), seeking to be allowed to stay on the pavements against their order of eviction during the monsoon months by the Bombay Municipal Corporation. [1]

Contents

Judgement

The then Chief Justice of India, Y.V. Chandrachud delivered the unanimous judgement by the five-judge bench consisting of himself, and justices A.V. Varadarajan, O. Chinnappa Reddy, Syed Murtaza Fazl Ali, and V.D. Tulzapurkar. Some main points include:

Enforcement of the Decision and Outcome

The pavement dwellers were evicted without resettlement. Since 1985, the principles in this case have been affirmed in many subsequent decisions, frequently leading to large-scale evictions without resettlement. [3] For example, in the Narmada dam cases, adequate resettlement was ordered but most affected evictees have not been properly resettled and the majority of the Court declined to examine the extent to which their judgment was enforced: see Narmada Bachao Andolan v. Union of India (2000) 10 SCC 664 [4]

Significance of the case

Reflecting on the contradictory nature of the case, Olga Tellis commented: "Ironically, the case helped the propertied classes; lawyers often cite the case to justify eviction of tenants and slum dwellers. But it also helps the slum dwellers; the Government can't evict them summarily. The case also spawned a lot of interest in fighting for housing as a fundamental right but if you were a pavement dweller, it is just not enough." [5] This case is widely quoted as exemplifying the use of civil and political rights to advance social rights but it is also criticized due to its failure to provide for the right to resettlement. It is also inconsistent with developments in other jurisdictions, where courts have found stronger rights to resettlement. [6]

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References

  1. Tellis, Olga (21 December 2015). "Thirty years after a landmark Supreme Court verdict, slum dwellers' rights are still ignored". Scroll.in. Retrieved 15 May 2020.
  2. "Olga Tellis & Ors vs Bombay Municipal Corporation & ... on 10 July, 1985". indiankanoon.org. Retrieved 27 April 2016.
  3. livelaw (13 August 2015). "Re-reading 'Olga Tellis v. Bombay Municipal Corp' as Petitioner completes 50". Live Law. Retrieved 27 April 2016.
  4. "Olga Tellis & Ors v Bombay Municipal Council [1985] 2 Supp SCR 51. | ESCR-Net". www.escr-net.org. Retrieved 27 April 2016.
  5. Taylor, Rupert - Third Sector Research | Pages 290-291.
  6. "Article 21 in The Constitution of India 1949". indiankanoon.org. Retrieved 11 September 2023.