Judgment

RANGANATH MISRA

( 1 ) THIS appeal is by special leave. The appellants are residents of four villages being Bhota, Hatera, Morsu Garla and Dhamani Chambala within Hamirpur District of Himachal Pradesh. These villages are inhabited by agriculturists and have rural set-up. They used to be parts of Gram Panchayats duly constituted under the relevant statute prevalent within the State. An attempt was made to constitute a notified area as provided under S. 256 of the Himachal Pradesh Municipal Act, 1968 by including portions of these four villages for such purpose. Initially the Sub Divisional Officer of the area reported against such a move by saying that the villages were inhabited by agriculturists, the population was small, panchayats were already functioning in the area and there was not sufficient non-agricultural activity in the area which would justify these villages to come under a notified area but later the State Government decided to constitute a notified area within the meaning of S. 256 of the Act and on 31-3-1982 such a notification was published. Petitioners thereupon challenged the validity of the notification by filing an application under Art. 226 of the Constit