Point of Law: 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 exclusion proposed, submit his objection in writing through the Deputy Commissioner to the State Government within six weeks from the publication of the notification and the State Government shall take his objection into consideration.

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:-

“i). That the respondents be directed to produce total record of the case for the perusal of this Hon’ble Court right from the day when the proceedings were initiated for creation of Nagar Panchayat, Ani till final Notification dated 27.10.2020.

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:-

i) Muhal Manjhadesh from Gram Panchayat, Bakhnao.

ii) Muhal Franali from Gram Panchayat, Ani.

iii) Muhal Karana from Gram Panchayat, Karana.

iv) Muhal Kungas from Gram Panchayat, Kungas.

v) Muhal Jaban from Gram Panchayat Namhog.

3. It is further contended that the Deputy Commissioner, Kullu of his own and in absence of any resolution on behalf of any of the panchayats for creation of Nagar Panchayat, Ani, recommended the matter to the Director, Urban Development vide his letter dated 13.08.2020. Respondent No.1, in turn, issued a Notification dated 25.08.2020 whereby a proposal was made for constitution of the Nagar Panchayat, Nirmand, consisting of Muhal Manjhadesh of Gram Panchayat Bakhnao, Muhal Franali of Gram Panchayat, Ani, Muhal Karana of Gram Panchayat, Karana, Muhal Kungas of Gram Panchayat, Kungas and Muhal Jaban of Gram Panchayat, Namhog, and not for Ani. Though at the end of the Notification, it is mentioned that Nagar Panchayat was proposed to be created for Ani.

4. In terms of the Notification, objections/ suggestions were invited to be filed within six weeks from the date of publication of the Notification which was published on 14.09.2020. Various objections were filed, but, according to the petitioners, the same were not considered and despite this the final Notification creating Nagar Panchayat, Ani was issued vide Notification dated 27.10.2020, which is illegal for not only excluding the five villages as mentioned aforesaid, but also because there is no compliance of the mandatory provisions of the Himachal Pradesh Municipal Act, 1994 (for short ‘Act’) inasmuch as wrong publication of Notification dated 25.08.2020.

5. It is further averred that as per proposal in Notification dated 25.08.2020, area of Muhal Majhadesh in Gram Panchayat, Bakhnao was proposed to be taken from Khasra No. 2300 to 2850, but, as per Notification dated 27.10.2020, additional area of Khasra Nos. 8284 and 8285 has been taken for creation of Nagar Panchayat, Ani. In Muhal Karana, there was proposal for taking Khasra Nos.2191 to 2460, however, additional area of Khasra No. 2184 to 2190 has been taken in the final Notification though there was no such proposal. As regards Muhal Kungas, there was a proposal to put area of Khasra Nos. 2807 to 2841 in Nagar Panchayat, but all these khasra numbers have been given up and areas of Khasra Nos. 1171 to 1187, 2747, 2801, 2876 and 2877 have been taken up for inclusion of Nagar Panchayat. In the absence of any proposal in the Notification under Section 4 of the Act, these areas could not be taken out of respective Gram Panchayats for inclusion in Nagar Panchayat.

6. In addition to the above, it has also been averred that the inhabitants of the Gram Panchayat, who belong to the backward area, were entitled to an opportunity of hearing before issuing the final Notification dated 27.10.2020. Having faile