Back
DEVASHIS BARUAH
Abdul Hannan Laskar S/o Late Usman Gani Laskar – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. H. R. A. Choudhury, the learned Senior counsel assisted by Mr. F. U. Barbhuiya, the learned counsel appearing on behalf of the Petitioners in the instant batch of writ petitions. I have also heard Mr. D. Saikia, the learned Advocate General, Assam assisted by Mr. D. Nath, the learned Senior Government Advocate appearing on behalf of the State of Assam and the other Respondents.
2. In the instant batch of writ petitions, the Petitioners herein have assailed the Notification dated 28.11.2022 issued by the Commissioner and Secretary to the Government of Assam, Department of Housing and Urban Affairs whereby the final notification was issued under Sub-Section (5) of Section 3 of the Assam Municipal Corporation Act, 2022 (for short ‘the Act of 2022’) to constitute the Silchar Municipal Corporation with wards with boundary marks annexed as Annexure-A along with a map as Annexure-B.
3. The issue involved in the instant batch of writ petitions is a legal issue as to whether the consideration of the objections in terms of Section 3 of the Act of 2022 have been done in accordance with the provisions of the said Act of 2022. The grievance of the Petitioners as have been subm
The court established that the State Government's consideration of objections under the Assam Municipal Corporation Act, 2022 was sufficient and compliant with legal requirements.
The court upheld the constitution of Silchar Municipal Corporation, affirming that objections raised were duly considered and found without merit, thus complying with statutory requirements.
The notifications for municipal formation and alteration complied with constitutional mandates and statutory requirements, and the principles of natural justice were not violated.
The court established that adherence to statutory notification and objection processes is essential for valid municipal governance actions.
The main legal point established in the judgment is that Notifications issued under Section 5(1)(B) of the Madhya Pradesh Municipalities Act, 1961 must fulfill the requirements of Article 243Q of the....
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....
The court affirmed that the Governor's discretion in designating municipalities must adhere to specified constitutional parameters, and the provisions of the Act of 2009 prevail over those of the Act....
The court affirmed that notifications regarding municipalities must adhere to constitutional parameters, and the principle of natural justice does not apply without express provisions requiring notic....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
