IMPORTANT POINT
The court established that adherence to statutory notification and objection processes is essential for valid municipal governance actions.

JUDGMENT :

By the Court.-Heard Sri Brijesh Chandra Tripathi, learned counsel for the petitioners, learned Standing Counsel Sri Pradeep Kumar Tripathi for respondent Nos. 1 and 2 and Sri Virendra Singh Chauhan, learned counsel for respondent No. 3.

2. With consent of counsel for the parties, the petition is being disposed of finally at the admission stage.

3. The facts in brief are that petitioner No. 1 is elected Corporator from Ward No. 3, Nagar Palika Parishad, Baghapat and petitioner No. 2 also is an elected Corporator from Ward No. 19, Nagar Palika Parishad, Baghpat. They have challenged the notification issued on 21.9.2022 by respondent No. 1 in exercise of power under Article 243-Q of the Constitution read with sub-section (2) of Section 3 of the U.P. Municipalities Act, 1916 including the area specified in Schedule-1 of the said notification in smaller urban area of the Municipal Council, Baghpat and a declaration under clause (d) of the Article 243-P of the Constitution that the area specified in Schedule-2 would be territorial area of Municipal Council, Baghpat.

4. The facts and grounds on which the challenge has been made is noted in our order dated 15.11.2022, which is as follows :

''The contention of counsel for the petitioners is that a draft notification was issued on 26.8.2022 under Section 4 of the U.P. Municipalities Act, 1916, for inclusion of certain areas in the smaller urban area of Nagar Palika Parishad, Baghpat. Its Hindi version was published in ''Amar Ujala'' dated 27.8.2022 and thereby objections and suggestions were invited against the draft notification within fifteen days. On 4.9.2022, a corrigendum was published in the newspaper, stating that the draft notification in English provides only seven days time for filing objections/suggestions. However, on account of error, the Hindi version provided fifteen days time for filing objections/suggestions. Accordingly, the Hindi version was sought to be amended, so as to bring it in line with the notification issued in English.

Learned counsel for the petitioners submitted that issuance of draft notification in Hindi in a local area, is the requirement of law. The petitioners on basis of the said notification filed objections against the draft notification on 6.9.2022. However, while issuing the final notification dated 21.9.2022, their objections have not been considered, apparently on the ground that the same was filed after seven days. It is submitted that the corrigendum issued by the respondents deprives the petitioners of their valuable right to file objections against the draft notification and therefore, the final notification is rendered illegal.

Sri Dilip Kesarwani, learned Additional Chief Standing Counsel, on instructions, admits that the objections and suggestions that were received within seven days alone were considered, meaning thereby that the objections filed by the petitioners were not considered.

Prima facie, the exercise undertaken in this behalf appears to be against the spirit of the statutory provisions.

We grant three days time to the Secretary, Urban Development, Government of U.P., Lucknow to file his personal affidavit in the matter on the above aspect.

List as fresh on 21.11.2022.

Sri Dilip Kesarwani, learned Additional Chief Standing Counsel, shall communicate the instant order to the concerned respondent for due compliance.

The order has been passed in the presence of Sri Virendra Singh Chauhan, learned counsel for respondent No. 3.''

5. In compliance, respondent No. 1 has filed his affidavit.

6. The State-respondents admit that the objections filed by the petitioners against the draft notification on 6.9.2022 had not been decided on the ground that the same was filed beyond prescribed period of seven days.

7. Section 3 of the U.P. Municipalities Act, 1916 reads as follows :

''3. Declaration etc. of transitional area and smaller urban area.(1) Any area specified by the Governor in a notification under clause (2) of Article 243-Q of the Cons