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1982 Supreme(Raj) 351

S.C.AGRAWAL
Merta Oil Mills Co. – Appellant
Versus
State Of Rajasthan – Respondent


JUDGMENT

1. - This writ petition involves the question as to the validity of the bye-laws known as Nagarpalika Merta (Laghu Yantralaya Niyantran) Up Niyam, 1973 (hereinafter referred to as "the Bye-laws") framed by the Municipal Board, Merta City.

2. The Municipal Board Merta City (hereinafter referred to as "the Municipal Board") is a Municipality governed by the provisions of the Rajasthan Municipalities Act, 1959 (hereinafter referred to as 'the Act"). Section 90 of the Act empowers the Municipality to make bye-laws. Sub-section (1) enumerates the matters in respect of which bye-laws may be made. Sub-section (2) requires that every Municipal board before making any bye-laws under Section 90 shall publish in such manner as shall in its opinion be sufficient for the information of persons likely to be effected thereby, a draft of the proposed bye-laws together with a notice specifying a date on or after which the draft will be taken into consideration and shall before making the bye-laws, receive and consider any objections or suggestions with respect to the draft which may be made in writing by any person before the date so specified. Sub-section (3) lays down that no bye-law made

















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