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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, RANJAN SHARMA
Balbir Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioners challenge notifications for nagar panchayat barsar (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. respondents argue compliance with legal formalities (Para 8 , 9 , 10 , 12 , 13 , 16) |
| 3. details requirements for establishing municipal areas (Para 11) |
| 4. court finds valid reasons for nagar panchayat creation (Para 14 , 15 , 18 , 19) |
| 5. court dismisses petition; notifications upheld (Para 20) |
JUDGMENT :
Vivek Singh Thakur, J.
By way of the present petition under Article 226 of the Constitution of India, petitioners have assailed proposal for constitution and declaration of Nagar Panchayat Barsar, District Hamirpur, vide impugned notification dated 23/24.11.2025 (Annexure P-1), as well as final notification dated 25.02.2026 (Annexure P-6) creating Nagar Panchayat Barsar, issued by respondents, alleging the same to be arbitrary, illegal, and violative of Article 243Q of the Constitution of India. It is further submitted that the notification so published lacks the essential ingredients, required to be incorporated therein as envisaged under Article 243Q of the Constitution.
2. This is the second round of litigation. The respondents had notified proposal for declaration of Na
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 formation of a Nagar Panchayat must adhere to legal provisions, considering local objections, and serving public interest, with no violation of constitutional rights established.
The court emphasized the discretion of the State Government to declare its intention to specify an area as a larger urban area, medium urban area, or transitional area, and the mandatory nature of th....
The failure to consider objections submitted within the statutory timeframe invalidates the notification regarding the inclusion of a Gram Panchayat in a Nagar Panchayat.
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....
If two views are possible, the view taken by the competent authority/Executive will not be upset on the ground that the Court thinks that the other (better) view ought to have been taken.
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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