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TARLOK SINGH CHAUHAN, VIRENDER SINGH
Chet Ram Son Of Sh. Jamir Dev – Appellant
Versus
State Of Himachal Pradesh – Respondent
ORDER :
1. Aggrieved by the final Notification dated 27.10.2020 whereby the Nagar Panchayat, Ani, has been created out of the different revenue estates, the petitioners, who are the permanent residents of villages of Tehsil Ani, have filed the instant petition for grant of the following substantive reliefs:-
ii) That final Notification dated 27.10.2020 whereby Nagar Panchayat Ani has been created out of the different revenue estates out of the total area of aforesaid Panchayats vide Annexure P-4 may be set aside and quashed.”
2. According to the petitioners, the State of Himachal Pradesh had on the demand of the inhabitants of the different villages created various Gram Panchayats, which are functioning properly and being more beneficial and desirable, the respondents could not have illegally created Nagar Panchayat, Ani by taking out the following villages:-
ii) Muhal Franali from Gram Pan
Exclusion of local area from a municipal area.- (1) Any inhabitant of a municipal area or local area in respect of which a notification has been published under section 6 may, if he objects to the ex....
Function of Government in establishing a Nagar Panchayat under Act is neither executive nor administrative, but is a legislative process.
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....
Constitutional mandates for establishing municipalities under Article 243Q can be flexibly interpreted, allowing various factors for inclusion without strict adherence to all listed criteria.
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....
The notifications for municipal formation and alteration complied with constitutional mandates and statutory requirements, and the principles of natural justice were not violated.
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