IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sureshwar Thakur, Sudeepti Sharma
Gram Panchayat Kalanwali – Appellant
Versus
State Of Haryana – Respondent
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 au
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 administ....
Gram panchayat - Recommendation of specification of village - Petitioner gram panchayats are not entitled to an opportunity of hearing, it cannot be said that no effective consultation was made by re....
The notifications for municipal formation and alteration complied with constitutional mandates and statutory requirements, and the principles of natural justice were not violated.
The failure to consider objections submitted within the statutory timeframe invalidates the notification regarding the inclusion of a Gram Panchayat in a Nagar Panchayat.
Section 7 of Act, 1993 is only with regard to effective consultation with Gram Panchayat. Meaning thereby that if Gram Panchayat is not agreeable with merger then it is for State Government to decide....
The main legal point established in the judgment is that Notifications issued under Section 5(1)(B) of the Madhya Pradesh Municipalities Act, 1961 must fulfill the requirements of Article 243Q of the....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.