IMPORTANT POINT
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.

JUDGMENT :

(N. Unni Krishnan Nair, J.)

Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. F. U. Barbhuiya, learned counsel appearing for the appellants. Also heard Mr. D. Saikia, learned Advocate General, Assam assisted by Ms. R. Borah, learned Government Advocate, Assam appearing for the State respondents.

2. The present Intra Court Appeal has been instituted assailing the Judgment & Order dated 24.09.2024, passed by the learned Single Judge in WP(C)595/2023. The appellants, herein, as petitioners, had instituted WP(C)595/2023 presenting a challenge to a notification dated 28.11.2022, issued by the Commissioner and Secretary to the Government of Assam, Department of Housing and Urban Affairs, constituting the Silchar Municipal Corporation with wards having boundary marks as per Annexure-A to the said notification.

3. The grievance of the petitioners pertains to the inclusion of villages Dudpatil Part-VI and Part-VII in the newly constituted Silchar Municipal Corporation vide the said notification dated 28.11.2022. The learned Single Judge, upon consideration of the issues arising in the writ petition was pleased vide Judgment & Order dated 24.09.2024 to reject the contentions advanced by the appellants herein and proceeded to dismiss the writ petition.

4. Mr. H. R. A. Choudhury, learned Senior Counsel appearing for the appellants has at the outset submitted that the grievance of the appellants pertains to the non-consideration of the objections raised by them vide representation dated 21.10.2022 in the matter by the Government while proceeding to issue the said notification dated 28.11.2022, towards constitution of the Silchar Municipal Corporation by incorporating within its area the villages of Dudpatil Part-VI and Part-VII. Mr. Choudhury has submitted that the notification dated 28.11.2022 was so issued in clear violation of the provisions of Sub Article (2) of Article 243Q of the Constitution of India, as well as the provisions of Sub-Section (4) of Section 3 of the “Assam Municipal Corporation Act, 2022. Mr. Choudhury has submitted that the Government having not granted a independent consideration to the objections raised by the petitioners and others with regard to inclusion of villages Dudpatil Part-VI and Part-VII within the newly constituted Silchar Municipal Corporation, a violation of the provisions of Sub-Section (4) of Section 3 of the said Act of 2022 had occasioned and accordingly, the notification dated 28.11.2022, issued under the provisions of Sub-Section (5) of Section 3 of the said Act of 2022; insofar as, it concerns inclusion of villages Dudpatil Part-VI and Part-VII within the newly constituted Silchar Municipal Corporation would not be maintainable and accordingly, submits that the notification dated 28.11.2022, to the above extent, is required to be interfered with.

5. Mr. H. R. A. Choudhury, learned Senior Counsel by referring to the Judgment and Order dated 24.09.2024, passed by the learned Single Judge in WP(C)/595/2023 has contended that the learned Single Judge after having noticed the provisions of Section 3 of the said Act of 2022, had failed to consider the contention raised by the appellants to the effect that the representations submitted by the petitioners not having been granted an independent consideration by the Government and the said objections having been disposed of basing on the observations made in the matter by the Deputy Commissioner, a violation of the provisions of Sub-Section (4) of Section 3 of the said Act of 2022 having occasioned, the impugned Judgment & Order dated 24.09.2024 requires an interference by this Court.

6. Mr. D. Saikia, learned Advocate General appearing for the State respondents has submitted that on a decision for constitution of the Silchar Municipal Corporation having been arrived at, upon a due consideration of the criterias as mandated in this connection, under the provisions of Sub-Section (1) of Section 3 of the said Act of 2022, a not