Inclusion of rural areas in municipal governance is justified if it meets statutory requirements for urban planning, despite concerns over local interests and economic implications.

JUDGMENT :

Vivek Singh Thakur, J.

By way of the present petition under Article 226 of the Constitution of India, petitioner has assailed impugned order dated 09.02.2026 (Annexure P-7) passed by Principal Secretary (Urban Development) to the Government of Himachal Pradesh and notification dated 25.02.2026 (Annexure P-8) for inclusion of Villages Darang and Chiru of Gram Panchayat Darang in proposed Municipal Council Jawalamukhi, issued by respondents, alleging the same to be arbitrary, illegal, and violative of Part-III of the Constitution of India.

2. This is the second round of litigation. The respondents had notified proposal for converting Nagar Panchayat Jawalamukhi into Municipal Council by including Villages Darang and Chiru of Gram Panchayat Darang vide notification dated 23.11.2024 (Annexure P-2), inviting objections from affected persons through Deputy Commissioner, Kangra, within a period of two weeks.

3. Petitioner had filed objections against inclusion of villages of Darang and Chiru in the proposed Municipal Council, Jawalamukhi, on the ground that majority of residents of the area are dependent upon agriculture and, after inclusion in the Municipal Council, the farmers will suffer adverse effects. The local circumstances and realities have been overlooked, and the economic conditions and activities of the rural area have been ignored. The office-bearers of the Panchayats and local residents were not consulted, and the decision was taken without consent of the community. The inclusion of the concerned area in the Municipal Council shall result in burden on the rural population, and they will be subjected to a complicated administrative system, leading to problems for the rural population. Such inclusion shall also have adverse impact on the economic condition of the villagers and small entrepreneurs, and the area will lose its cultural identity due to threat to local traditions and lifestyle.

4. Vide notification dated 23.12.2024 (Annexure P-4), Department of Urban Development, Government of Himachal Pradesh, after receiving objections from inhabitants of the local areas, constituted Municipal Council Jawalamukhi.

5. The aforesaid notification was assailed by the petitioner by filing CWP No.6319 of 2025 (Ravi Chand vs. State of Himachal Pradesh & Ors.), which was decided on 18.12.2025 (Annexure P-5) by quashing and setting aside the notification dated 23.12.2024 (Annexure P-4), with directions to Secretary, Urban Development, to consider the objections of the petitioner and to take 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 personal hearing to the petitioner.

6. In sequel to aforesaid order, the objections filed by the petitioner were considered and decided by Principal Secretary (Urban Development) to Government of Himachal Pradesh, vide office order dated 09.02.2026 (Annexure P-7), after giving personal hearing to the petitioner, whereby the objections filed by the petitioner have been rejected and fresh final notification dated 25.02.2026 (Annexure P-8)for constitution of Municipal Council Jawalamukhi with inclusion of Village Darang and Chiru has again been issued.

7. In the aforesaid background, present petition has been filed assailing impugned order dated 09.02.2026 (Annexure P-7) and notification dated 25.02.2026 (Annexure P-8).

8. Respondents have defended the constitution of the Nagar Panchayat in reference, by submitting that the impugned notification was issued after fulfilling all legal formalities, by exercising the powers conferred upon them for better development and improved arrangements in the area