The conversion from a Gram Panchayat to a Nagar Panchayat is an executive matter regulated by statutory requirements, and objections must be considered before issuing the final notification.

A group of persons claiming themselves to be the inhabitants of areas/places falling within Post Office and P.S. Mahua in the District of Vaishali at Hajipur have joined hands in filing the present writ petition. It was initially filed as a class action questioning the sustainability of the notification issued by the State Government in the department of Urban Development and Housing (as contained in Annexure-10) whereby the respondent State notified and constituted Mahua Nagar Panchayat (for short “the Nagar Panchayat”) in exercise of its power conferred under Section 6 of the Bihar Municipal Act, 2007 (for short “the Municipal Act”). The petitioners sought leave of the Court to convert the writ petition filed as P.I.L into a writ petition by amending the subject matter and on grant of leave the subject matter was amended and it was placed before this Court for consideration.

2. Heard Mr. S.B.K. Manglam learned counsel for the petitioners and Mr. Ajay, GA-12 for the State.

3. Parties have exchanged their pleadings.

4. Few relevant facts need to be first indicated. Before the impugned notification Mahua was a Gram Panchayat governed by Bihar Panchayat Raj Act 2006 (for short “the Act of 2006”). Similarly another part(s) of the newly constituted Nagar Panchayat constituted another Gram Panchayat. Section 3 of the Municipal Act provides for three classes of Municipality depending on urban population. The first is larger urban area having population in excess of two lacs (see Sections 7 and 13 of the Municipal Act). Thereafter comes medium urban area having population between 40,000 to less than 2,00,000. At the lowest in the ladder is the transitional area i.e. small town of population between 12,000 to 40,000 called the Nagar Panchayat. It is, thus, a progression from small urban area to larger urban area to be locally governed by Nagar Panchayat, Municipal Council and Municipal Corporation respectively. The State Government issued an order dated 15.11.2011 under Section 3 of the Municipal Act declaring its intention to specify the area as semi urban area or transitional area to be constituted as Mahua Nagar Panchayat and directed the District Magistrate (respondent no.4) to submit appropriate proposal in accordance with Section 3 of the Municipal Act. The District Magistrate directed the Sub Divisional Magistrate, Mahua to carry out a survey in the prescribed format enabling him to furnish the relevant details to the Government for the said purpose. Sub Divisional Magistrate, Mahua got a sample survey conducted through the Block Development Officer, Mahua and the Circle Officer, Mahua and the report was submitted to the respondent District Magistrate on 14.7.2012 (Annexure-4). The report indicated that total population of the proposed Nagar Panchayat as per 2011 census was 25993. A sample survey was conducted of 3621 families spreading over the proposed area of Nagar Panchayat and nearly 79.69% of the population were found engaged in the profession other than agriculture. The report further detailed presence/existence of different establishments both government and commercial and public amenities available in or within the area of the proposed Nagar Panchayat evidencing its upward transition. The State Government being satisfied from the details furnished in the said report came out with the declaration dated 30.11.2012 (Annexure-5) to constitute the transitional area detailed therein into a municipal area to be known as Nagar Panchayat, Mahua and invited objections/suggestions from the public at large through the concerned District Magistrate-cum-Divisional Commissioner within 30 days from the date of publication of the notification. Several public petitions were filed objecting to constitution of Nagar Panchayat principally on the ground that the survey report providing the details essential for such constitution of Nagar Panchayat was not only vague /unrealistic but wholly unworthy of reliance. The satisfaction of the Gov