The formation of a Nagar Panchayat must adhere to legal provisions, considering local objections, and serving public interest, with no violation of constitutional rights established.

JUDGMENT :

VIVEK SINGH THAKUR, J.

By way of the present petition under Article 226 of the Constitution of India, petitioners have assailed inclusion of Gram Panchayat Kutehla and Gram Panchayat Manjhed for constitution and declaration of Nagar Panchayat Swarghat, District Bilaspur, vide impugned notification dated 25.02.2026 (Annexure P-11), issued by respondents, alleging the same to be arbitrary, illegal, and violative of Articles 14 and 243 of the Constitution of India.

2. This is the third round of litigation. The respondents had notified proposal for declaration of Nagar Panchayat Swarghat vide notification dated 23.11.2024 (Annexure P-2), inviting objections from affected persons through Deputy Commissioner, Bilaspur, within a period of two weeks.

3. Petitioner has filed objections against inclusion of Gram Panchayats Kutehla and Manjhed, including residents of village Thapna, in the proposed Nagar Panchayat, Swargaht, on the ground that all of them are viullagers and intend to live in Gram Panchayats, as creation of a Nagar Panchayat would cause maximum loss to the farmers/villagers dependent upon agriculture, as after creation of the Nagar Panchayat, they will be deprived of the benefits available to rural areas. They would be required to get maps approved/sanctioned for construction of houses or any other building, whereas the majority of residents of Gram Panchayats are poor and not in a position to pay taxes, etc., leviable in Nagar Panchayat, nor are they capable of bearing cumbersome rules and terms applicable to a municipal area.

4. For the first time, petitioner had approached this Court by filing CWP No.15500 of 2024 (Bal Krishan & Ors. vs. State of Himachal Pradesh & Ors.) with the grievance that objections filed by the petitioner(s) qua the formation of Nagar Panchayat Swarghat by including their respective Gram Panchayats, were not being disposed of in a time-bound manner, creating a situation of uncertainty. The said petition was disposed by learned Single Judge vide order dated 18.12.2024 on the basis of statement of learned Advocate General that State was in process of completing all codal formalities and liberty was granted to the petitioners to file appropriate proceedings in appropriate Court of law, if required and desired. t

5. Vide notification dated 20.12.2024, Department of Urban Development, Government of Himachal Pradesh, constituted Nagar Panchayat Swarghat, District Bilaspur.

6. Petitioners had also assailed the draft notification dated 23.11.2024 (Annexure P-2) by filing CWP No.2906 of 2025 (Bal Krishan & Ors. vs. State of Himachal Pradesh & Ors.). The respondents had placed on record the final notification dated 20.12.2024, which was issued in furtherance of the draft notification dated 23.11.2024. The said CWP was decided on 18.12.2025 (Annexure P-10) by quashing and setting aside the draft notification dated 22.11.2024 (Annexure P-2) as well as the final notification dated 20.12.2024, with directions to the Secretary, Urban Development, to consider the objections of the petitioners and to take an appropriate decision in accordance with law, as expeditiously as possible, preferably on or before 10.01.2026, by passing a reasoned and speaking order after providing a personal hearing to the petitioners.

7. In sequel to aforesaid order, vide notice dated 26.12.2025 petitioners/objectors were summoned for personal hearing on 31.12.2025. After considering the objections and giving personal hearing to the petitioners/objectors, the Director, Urban Development, recommended rejection of the objections, and creation of Nagar Puanchayat Swarghat. Vide office order dated 09.02.2026