The requirement for a personal hearing is mandatory before altering municipal limits; failure to grant it renders such notices invalid, ensuring adherence to principles of natural justice in administrative actions.

JUDGMENT :

Sureshwar Thakur, J.

Through the instant writ petition, the petitioners herein pray for the issuance of a writ of Certiorari for quashing the impugned notification dated 25.04.2023 (Annexure P-11), wherebys respondent No.l included the area(s) of village Kalanwali within the limits of Municipal Committee, District Sirsa, by purportedly ignoring the guidelines dated 03.03.2009 (Annexure P-12); Gram Panchayat's resolution dated 21.02.2023 (Annexure P-9); objections dated 22.02.2023 (Annexure P-10) filed by the residents against the draft notification dated 13.01.2023 (Annexure P-8).

Factual Background

2. Village Kalanwali is the largest village in District Sirsa and Municipal Committee, Kalanwali adjoins the said village and most of the people of the village are doing agricultural work.

3. Owing to some political considerations, some residents of Village Kalanwali, approached Sh. Krishan Kumar Bedi, Political Secretary to Chief Minister, Haryana, and requested that their area of village Kalanwali be included in the Municipal Committee, Kalanwali , whereupon Krishan Kumar Bedi, Political Secretary of Chief Minister proceeded to recommend the said request (Annexure P-1) to the authorities for takings of further action thereons.

4. In compliance of Annexure P-1, respondent No. 2 vide letter dated 9.8.2021 (Annexure P-2) sought a report from the Deputy Commissioner, Sirsa, thus therebys requesting the Deputy Commissioner, that according to the guidelines/criteria, given in the Govt, circular dated 53/278/2008-3K1 dated 03.03.2009 and Letter No.l8/72/2018-Kl dated 17.04.2018 and Government Order Endst. No.3/278/2008-3Kl dated 22.01.2009, the Deputy Commissioner (supra) after constituting a committee, thus his sending the apposite report along with his recommendation regarding extending the limit of the Municipal Committee, Kalanwali.

5. In compliance of letter (Annexure P-2), Secretary, Municipal Committee, Kalanwali through a letter dated 2.9.2021 (Annexure P-3), thus further sought a detailed report from Block Development and Panchayat Officer, Odhan, thus with regard to the population as well as qua the details of lands of village Kalanwali.

6. When the Gram Panchayat and other residents of village came to know about the inclusion of area of Gram Panchayat Village Kalanwali into the area of the Municipal Committee, Kalanwali, and that too without constituting any committee, thereupon petitioner Nos. 2 to 5 as well as a large number of other residents of the village filed objections against the inclusion of village Kalanwali in the Municipal Committee, Mandi Kalanwali, and the said objections were sent through registered post dated 23.9.2021, to respondent No.l as well as to respondent No.4 but no action was taken by the authorities concerned.

7. On 07.02.2022, respondent No.l issued a notification by showing its intention to include the area of Village Kalanwali in the limit of Municipal Committee, Kalanwali and invited objections from the residents of the Village. The residents of the village had filed objections dated 22.02.2023 (Annexure P-10) before the Deputy Commissioner, Sirsa, against the inclusions of village area into the limits of Municipal Committee Kalanwali, contents whereof become extracted hereinafter.

'1. That within the municipality area of Kalanwali, which is already running, there is a lot of measles, marmalade, and illegal activities, which has not been resolved by the municipality, if now the agricultural land of Kalanwali village is included in the municipal area. If this is done then the people of the village will have to face a lot of problems.

2. That the people of Kalanwali village are dependent on agriculture and 90 percent of the people do agriculture, so the condition of municipality cannot apply to the village as the whole village is dependent on agriculture.

3. That the municipality will have to pay heavy tax due to increase in the limit of municipality. Due to which the economic condition of the vil