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VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Abdul Hannan Laskar, S/o- Late Usman Gani Laskar – Appellant
Versus
State Of Assam, Rep. By The Commissioner And Secretary To The Govt Of Assam, Deptt Of Housing And Urban Affairs – Respondent
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
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 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 notifications for municipal formation and alteration complied with constitutional mandates and statutory requirements, and the principles of natural justice were not violated.
The failure to consider objections submitted within the statutory timeframe invalidates the notification regarding the inclusion of a Gram Panchayat in a Nagar Panchayat.
The requirement for a personal hearing is mandatory before altering municipal limits; failure to grant it renders such notices invalid, ensuring adherence to principles of natural justice in administ....
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....
The discretionary nature of the State's power in issuing notifications under the Bihar Municipal Act, 2007, and the legislative character of such notifications, as well as the absence of a requiremen....
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....
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