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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH : NAGPUR
M.S. JAWALKAR, PRAVIN S. PATIL
Gram Panchayat, Yerkheda, Tah. Kamptee, District-Nagpur, through its Sarpanch Smt. Saritabai Madhukar Rangari – Appellant
Versus
State of Maharashtra, trough its Secretary, Rural Development Department – Respondent
| Table of Content |
|---|
| 1. challenge to conversion notification. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. responses by respondents and statutory justifications. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 3. court distinguished past case laws and statutory provisions. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 4. dismissal of the petition due to lack of merit. (Para 38) |
JUDGMENT :
Pravin S. Patil, J.
1. Rule. Rule made returnable forthwith. By consent of the learned Counsel for the parties, the matter is taken up for final disposal.
2. By this petition, initially the petitioners seek declaration that there is no need of conversion of Gram Panchayat Yerkheda into Nagar Panchayat. However, during the pendency of the petition, in view of subsequent development, the present petitioners challenged the Government Resolution, dated 04.10.2024 and further seek direction to quash and set aside the final Notification dated 11.02.2025 and consequent order of appointment of Administrator dated 11.02.2025 issued by respondent no.1-Rural Development Department, State of Maharashtra.
3. The brief facts giving rise to the present petition are as under :
The
Conversion of Gram Panchayat to Nagar Panchayat is a legislative function, not requiring consent from the Gram Panchayat, provided statutory processes are followed, ensuring public welfare is priorit....
Section 7 of Act, 1993 is only with regard to effective consultation with Gram Panchayat. Meaning thereby that if Gram Panchayat is not agreeable with merger then it is for State Government to decide....
The notifications for municipal formation and alteration complied with constitutional mandates and statutory requirements, and the principles of natural justice were not violated.
Point of law: Duration of Municipalities - Every municipality is entitled to continue for a period of 5 years from date appointed for its first meeting and no longer.
Gram panchayat - Recommendation of specification of village - Petitioner gram panchayats are not entitled to an opportunity of hearing, it cannot be said that no effective consultation was made by re....
If two views are possible, the view taken by the competent authority/Executive will not be upset on the ground that the Court thinks that the other (better) view ought to have been taken.
The court emphasized the discretion of the State Government to declare its intention to specify an area as a larger urban area, medium urban area, or transitional area, and the mandatory nature of th....
Exclusion of local area from a municipal area.- (1) Any inhabitant of a municipal area or local area in respect of which a notification has been published under section 6 may, if he objects to the ex....
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