IN THE HIGH COURT OF PUNJAB & HARYANA
[DIVISION BENCH]
Before
The Hon’ble Mr. Justice M.M. Kumar
The Hon’ble Mr. Justice A.N. Jindal
Civil Writ Petition No. 20775 of 2010 (O&M)
Sheel Kumar & Anr.
v.
State of Haryana & Ors.
{Decided on 05/07/2011}
(i) Constitution of a Notified Area of small villages being a legislative function, it is for the Legislatures to consider it on all aspects.
(ii) Ordinarily the Courts cannot substitute their opinion for the opinion of the Legislatures.
(iii) Mere declaration of an area as Notified Area, later withdrawing and subsequently re-declaring, by itself would not render the declaration of the Notified Area as ultra vires or suffering from the vice of any illegality or irregularity--Haryana Municipal Act, 1973, S.2A--Haryana Municipal Corporation Act, 1994, Ss.3 & 4. (Para 19)
(B) Constitution of India, 1950, Art.243-U--Fixation of Municipal boundaries--Writ Jurisdiction--Two individuals, having no status of being member panchayat or sarpanch of village have challenged the notification without pleading as to what special damage has been caused to them by inclusion of the area of the village into Municipal Corporation--They have no cause of action to file writ petition--Haryana Municipal Act, 1973, S.2A--Haryana Municipal Corporation Act, 1994, Ss.3 & 4. (Para 18)
(C) Constitution of India, 1950, Art.243-U--Extension of Municipal boundaries--Fixation of Administrative boundaries--Inclusion of Certain villages--Objections could be raised at the time when the original notification for inclusion of area has been published--Haryana Municipal Act, 1973, S.2A--Haryana Municipal Corporation Act, 1994, Ss.3 & 4. (Para 22)
Mr. A.N. Jindal, J.: - This judgment of mine shall dispose of two civil writ petition Nos.14219 and 20775 of 2010, as common question of law is involved in both the cases, therefore, these are being decided together. However, for convenience, the facts necessary for disposal of these petitions are taken up from Civil Writ Petition No.20775 of 2010.
2. Sheel Kumar and Harbans lal Salani- petitioners have invoked the powers under Articles 226/227 of the Constitution of India for issuing writ in the nature of certiorari for quashing the notification dated 20.3.2010 (Annexure P6), issued by the Government of Haryana, whereby the administrative boundaries of Municipal Corporation Gurgaon have been extended and the area of the various gram panchayats have been included in the Municipal Limits of Municipal Corporation, Gurgaon, the same being violative of principles of natural justice; ultra vires of Article 243-U as well as 73rd and 74th constitutional amendment and also 2-A of the Haryana Municipal Act, 1973 as well as Sections 3 & 4 of the Haryana Municipal Corporation Act, 1994.
3. It has been averred that vide gazette notification No.18/1/95/2008-3C1 dated 2.6.2008 (Annexure P1) the Haryana Government while exercising the powers conferred by sub-section 2 of Section 3 of the Haryana Municipal Corporation Act, 1994 (16 of 1994), the Governor of Haryana declared the Municipal Council Gurgaon to be a Corporation known as Municipal Corporation, Gurgaon. The Government of India, Ministry of Home, Office of Chief Registrar, vide letter No.9/66/09-CD (N) dated 22.9.2009 (Census of India 2011 – Circular No.6) (Annexure P2) issued directions to all the States regarding fixing of boundaries of administrative units during the census of population in India from 1.1.2010 to 31.3.2011, stating therein that during the work of census of population, it is necessary to ensure full coverage, therefore, all administrative blocks in the States and Union Territories have been divided into small counting blocks. The work of making boundaries of these counting blocks was to be done well in advance from the work of preparing lists of houses because census of population is to be done as per map in order to remove the discrepancies in the area, therefore, it was necessary to ensure that in order to conduct the census of population properly, there should not be any change in the boundaries of administrative blocks after the formation of counting blocks till the completion of census of population. Therefore, any proposed change in the jurisdiction of existing administrative blocks should be made effective well before 1.1.2010. In these circumstances, the resolutions for preparing new blocks or regarding changes in existing Municipal Councils, Revenue Villages, Tehsils, Police Stations, Development Blocks, Taulaks, Sub Division Districts etc. which could be kept pending and formed in near future, be given final shape and the same be considered effective till 31.12.2009. All such type of changes be brought to the notice of concerned Directorate of Census of Population of the State/Union Territories and office of Chief Registrar of India till 31.12.2009. However, the respondent No.1 did not make any changes. The State Government also framed guidelines/criteria vide memo No.53/278-08- 3CI dated 1.1.2010 (Annexure P4) to all the Divisional Commissioners in the State as well as to all Municipal Corporations in the State for altering the boundaries. The Haryana Government Revenue and Disaster Management Department, vide notification dated 12.1.2010 (Annexure P5) had stated that administrative boundaries of all the Districts, Tehsils, Towns, Villages etc. shall stand frozen w.e.f. 1.1.2010 till 31.3.2011 to facilitate the Haryana Government to undertake census operation. However, the decision was taken by the respondents to include the areas of various village panchayats namely Ghata, Tigara, Badsbahpur, Begumpur Khatola, Kherki Daula, Sihi, Harsaru, Gadau
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