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High Court Of Calcutta
ALTAMAS KABIR, Gorachand De
HINDUSTAN MOTORS LIMITED - Appellant
Versus
STATE OF WEST BENGAL - Respondent
A. P. O. 607 Of 1991
Decided On : 09/17/2004
MUNICIPAL LAW - Inclusion of Local Area in Municipality - Bengal Municipal Act, 1932 - Ss. 6 (1) (d), 8 (c) - Whether conditions precedent for valid exercise of power under S. 6 (1) (d) satisfied - Whether notification issued under S. 6 (1) (d) and the final notification under S. 8 (c) were valid and in accordance with the law.
Fact of the Case:
The appellant company, Hindustan Motors Limited, challenged the inclusion of its factory and colony, known as the Hind Motor Colony, within the Uttarpara-Kotrung Municipality. The inclusion was made through a series of notifications issued by the State Government under the Bengal Municipal Act, 1932. The appellant contended that the conditions precedent for valid exercise of power under section 6 (1) (d) of the Act were not satisfied, and that the notifications were therefore invalid.
Finding of the Court:
The Court held that the conditions precedent for valid exercise of power under section 6 (1) (d) of the Bengal Municipal Act, 1932 were satisfied, and that the notifications issued under section 6 (1) (d) and the final notification under section 8 (c) were valid and in accordance with the law. The Court noted that the local area to be included was contiguous to the municipality, as it was connected by link roads, and that three-fourths of the adult male population of the area were chiefly employed in pursuits other than agriculture.
Issues: 1. Whether the local area to be included was contiguous to the municipality? 2. Whether three-fourths of the adult male population of the area were chiefly employed in pursuits other than agriculture? 3. Whether the notifications issued under section 6 (1) (d) and the final notification under section 8 (c) were valid and in accordance with the law?
Ratio Decidendi: 1. The Court held that the local area to be included was contiguous to the municipality, as it was connected by link roads, and that the intervention of the railway line did not affect the contiguity of the two tracts of land. 2. The Court held that three-fourths of the adult male population of the area were chiefly employed in pursuits other than agriculture, based on the census reports of 1961 and 1971. 3. The Court held that the notifications issued under section 6 (1) (d) and the final notification under section 8 (c) were valid and in accordance with the law, as the conditions precedent for valid exercise of power under section 6 (1) (d) were satisfied.
Final Decision: The Court dismissed the appeal filed by Hindustan Motors Limited, holding that the inclusion of the Hind Motor Colony within the Uttarpara-Kotrung Municipality was valid and in accordance with the law.
( 1 ) THESE three appeals arising out of Matter No. 330 of 1981, have been taken up for hearing and disposal together, inasmuch as, the facts involved in these appeals are common.
( 2 ) THE appellant in A. P. 0. No. 607 of 1991 has been carrying on business of manufacture and sale of automobiles, earth moving equipment, dumper and other items. In the process, the appellant had established a colony known as the Hind Motor Colony which comprised, inter alia, its factory workshop, residential quarters for staff, hospital, school, overhead tank for the supply of water, underground water pipes and sewerage system and electric lines.
( 3 ) ON 8th August, 1966, the question of including the local area comprising the Hind Motor Colony within the Uttarpara-Kotrung Municipality came up for consideration before the then Sub-Divisional Officer, Serampore. Although, the said proposal was strongly opposed, by Notification No. 4360/mim-45/65 issued in exercise of the powers conferred by clause (d) of sub-section (1) of section 6 of the Bengal Municipal Act, 1932, the State of West Bengal made a declaration of its intention to include within the said municipality, the said local area defined in the said notification as being contiguous to the said municipality. The appellant, Hind Motors Ltd. , filed an objection to the said notification on 12th December, 1969, before the State Government challenging the inclusion of the said area, including its said colony, in the aforesaid municipality and requested that such notification be withdrawn. Since the said objection was allegedly ignored by the State Government, the said appellant filed a writ application, being C. R. No. 1739 (W) of 1970, challenging the said notification. The said writ application was summarily rejected on 24th March, 1970, as being premature since an objection was pending before the State government. Aggrieved by the said order dated 24th March, 1970, the appellant company preferred an appeal, being F. M. A. T. No. 195 of 1970.
( 4 ) THEREAFTER, in exercise of powers conferred by clause (c) of section 8 of the aforesaid Act, the State of West Bengal issued a final notification dated 24th december, 1971, including within the Uttarpara-Kotrung Municipality the area defined in the said notification and allegedly to be contiguous to the said municipality.
( 5 ) HOWEVER, by a letter dated 28th December, 1971, the Block Development officer, Serampore-Uttarpara Block, informed the Deputy Director of panchayats that the area proposed to be included was purely agricultural, backward and under-developed and the population was comprised mainly of poor labourers and agriculturists. According to the said officer, proviso (iv) to sub-section (1) could not, therefore, be complied with.
( 6 ) THE appellant company moved a fresh writ application, being C. R. No. 7374 (W) of 1972, challenging the aforesaid notification dated 24th December, 1971. The rule which was issued thereupon was ultimately dismissed on 20th june, 1977. The appeal preferred therefrom was also dismissed by directing the appellant company to make a representation to the Minister-in-Charge of local Self-Government upon an assurance being given that no steps, in the meantime, would be taken under the impugned notification dated 24th December, 1971.
( 7 ) PURSUANT to the order passed in the appeal, the appellant company made a representation to the Minister-in-Charge of the Local Self-Government and urban Development Department requesting him to consider the justification of issuing a fresh notification under section 6 (a) of the Bengal Municipal Act, 1932, to create a distinctly separate municipality for the town of Hind Motor. The representation was disposed of by the Minister on 3rd July, 1978, and aggrieved by such decision the appellant company filed a Special Leave Petition before the Hon'ble Supreme Court against the order of the Appeal Court dated 18th March, 1978, together with the decision of
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