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2015 Supreme(Raj) 352
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SUNIL AMBWANI and BANWARI LAL SHARMA, JJ.
Bhanwar Lal Mundra & Ors. – Appellants
Vs.
State of Rajasthan & Ors. – Respondents
D.B. Civil Writ Petition No.10491/2009
Decided On : 13.5.2015
Advocate Appeared:
Mr. M.S. Singhvi, Sr. Advocate with Mr. Hemant Dutt for the petitioners.
Mr. P.R. Singh, Addl. Advocate General Mr. Dinesh Ojha Mr. A.K. Dadhich for the respondents.
Headnote:
Constitution of India, 1950 – Article 21 and 243Q - Rajasthan Municipalities Act, 2009 - Section 3(1)(a) - Rajasthan Panchayati Raj Act, 1994 - Elections - Direction to declare Notification - Quash the same with consequential directions - Population is alleged to have increased to more that -It is an urban area having industrial set up by RIICO with several industrial units engaged in manufacture of wool and woolen products, mosaic tiles, PVC pipes and cement pipes - It has two Senior Secondary Schools one for boys and one for girls 20 bedded Government hospital, two branches of nationalized Banks, State Bank of Bikaner & Jaipur and M.G.D. Gramin Bank a telephone exchange a Police Station and offices of the Assistant Engineers of PHED and Jodhpur Vidhyut Vitran Nigam Limited - It is on a railway line with a Railway Station and Bus Stand of Rajasthan State Road Transport Corporation - Director, Local Self Department called upon the District Collector to submit information for purposes of enabling State Government to take a decision for constituting Municipal Board - A representation was also made by to that effect giving details of urban development in Napasar to Minister of the Panchayat Raj Department - It has one member of Zila Parishad and one member - In village there is a land measuring 24 hectares belonging to Railway Department 17 hectares for RIICO; 6 hectares for 132 KV G.S.S. Napasar 54 hectares for PWD 5812 hectares for agriculture purposes - Apart from this, 299 hectares of land was used as abadi land by Gram Panchayat 1015 hectares of land belonged to Forest Department; and 444 hectare is a gochar land - A map of village was enclosed showing the railway line crossing Napasar from the middle – Held, A Municipality cannot be dissolved to back track to become a Village only for purpose of benefit of some of the schemes which are village specific - There is no material nor any pleadings in the reply that the resolution to the effect of dissolving the Municipality was passed or any public notice or hearing to the residents of was given before the Notification dated was issued - Difference between Eleventh and Twelfth Schedule for development of rural and urban area amply demonstrates that requirement of an urban area is entirely different to meet the aspirations of the people who have collectively worked together and marched to development towards more promising future for themselves than living in a model village with schemes of rural employment and upliftmen - Notification dated issued by the State Government withdrawing Notification dated declaring village Panchayat Napasar as Municipality Class-IV, is illegal, arbitrary and has been issued by the State Government with oblique and retrograde purpose, for which it did not have any power to advice the Governor to issue such Notification - Impugned Notification is declared unconstitutional being violative of Article 21 and Article 243Q in Part-IX-A of Constitution of India as inserted by Constitution - Writ petition is consequently allowed.
Sunil Ambwani, J.
1. The petitioners are residents of Mundron Ka Bas, Gram Panchayat Napasar District Bikaner. By this petition, they have prayed for a direction to declare the Notification dated 18.9.2009 issued by the State Government as illegal and to quash the same with consequential directions, by which the Notification dated 6.10.2008 issued by the State Government under the authority of the Governor of Rajasthan declaring the Gram Panchayat Napasar as Municipality (Nagar Palika) Class IV, was withdrawn in exercise of the powers under section 3(1)(a) of the Rajasthan Municipalities Ordinance, 2008, which was later-on enacted as the Rajasthan Municipalities Act, 2009. The petitioners have also prayed for direction to hold elections for Municipal Board, Napasar and not to hold elections for Gram Panchayat, Napasar.
2. The interim relief application for staying the elections was rejected on 17.1.2005 on the ground that the elections were notified on 24.12.2014.
3. The Napasar is situated at a distance of 27 kms. from Bikaner. It has a population of 19500 as per 2001 Census. At present, the population is alleged to have increased to more than 30,000. It is an urban area having industrial set up by the RIICO with several industrial units engaged in the manufacture of wool and woolen products, mosaic tiles, PVC pipes and cement pipes. It has two Senior Secondary Schools, one for boys and one for girls; 20 bedded Government hospital, two branches of nationalized Banks, State Bank of Bikaner & Jaipur and M.G.D. Gramin Bank; a telephone exchange; a Police Station; and offices of the Assistant Engineers of PHED and Jodhpur Vidhyut Vitran Nigam Limited. It is on a railway line with a Railway Station and Bus Stand of the Rajasthan State Road Transport Corporation.
4. Prior to independence of India, the erstwhile Bikaner State had declared the village Napasar as Municipality vide Notification dated 2.3.1944. On the promulgation of the Constitution of India, a Gram Panchayat was established in Napasar, which continued in its existence till 2007. The Director, Local Self Department called upon the District Collector, Bikaner on 22.10.2005 to submit information for the purposes of enabling the State Government to take a decision for constituting Municipal Board at Napasar. A representation was also made by Shri Pareek Jan Kalyan Samiti, Napasar to that effect giving the details of urban development in Napasar to the Minister of the Panchayat Raj Department.
5. The District Collector, Bikaner collected the necessary information and forwarded the same to the State Government, in which he, after getting a report from Tehsildar, reported that the village Napasar has geographical area of 7795 hectares with a population of 19,550 according to 2001 Census. It has one member of Zila Parishad and one member of Panchayat Samiti. In the village, there is a land measuring 24 hectares belonging to Railway Department; 17 hectares for RIICO; 6 hectares for 132 KV G.S.S. Napasar; 54 hectares for PWD; 5812 hectares for agriculture purposes. Apart from this, 299 hectares of land was used as abadi land by Gram Panchayat; 1015 hectares of land belonged to the Forest Department; and 444 hectare is a gochar land. A map of the village was enclosed showing the railway line crossing Napasar from the middle.
6. The State Government satisfied with the requirements of the constitution of the Municipality, issued a Notification dated 6.10.2008 declaring the Gram Panchayat, Napasar as Municipality (Nagar Palika) Class IV under section 3(1)(a) of the Rajasthan Municipalities Ordinance, 2008 (later on enacted as Rajasthan Municipalities Act, 2009). By the Government order dated 16.10.2008, in pursuance to Section 3(7)(C) of the Rajasthan Municipalities Ordinance, 2008, it was directed that until elections are held under sub-section (1) or the term of the Municipality is expired, whichever is earlier, the Sarpanch, Upsarpanch and the Panch or Panchas representing
