PIYUSH MISHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As the facts pleaded and questions of law involved in all the petitions are almost similar, they are decided together by this common order.

(2.) The challenge made in all the petitions is to the notification dated 10th July, 2020 (Annexure P-1) whereby the State in exercise of powers u/s 10(1) of the Municipal Corporation Act, 1956 has determined the number and extent of wards of Nagar Palik Nigam, Bhilai, District Durg. By such notification, as many as 70 wards were constituted.

(3.) Wpc No. 1839/2020 - The undisputed facts of the case are that earlier on 20th November 2019, the State Government constituted the Municipal Corporation Rishali, Distt. Durg by excluding 13 wards from the limits of Municipal Corporation, Bhilai and were included in the newly constituted wards of Municipal Corporation, Rishali. The said notification was issued on 20th November, 2019. Subsequent thereto, vide notification dated 28.12.2019 fresh determination of wards were made for Municipal Corporation, Bhilai. The Municipal Corporation, Bhilai in its meeting held on 28.01.2020 resolved to constitute 70 number of wards instead of 60 as notified earlier considering the increase in population. The State Government subsequently on 10.02.2020 notified the number of wards of Bhilai Municipal Corporation to be 70 (Annexure R-2). After determination of wards of Bhilai Municipal Corporation in accordance with the provisions of the Chhattisgarh Municipal Corporation (Extent of wards) Rules 1994 (hereinafter referred to as Rules 1994), a proposal was made for determining the limits of different areas of wards and their numbers and areas were comprised therein. Subsequently on 20.02.2020 (Annexure R-3), the preliminary notification was published and objections were invited, publication in the local newspaper and affixture of notice on the board in the office of the Municipal Corporation were made. As many as 595 objections and different opinions, suggestions were received and thereafter, the Collector along-with his opinion forwarded the same to the State Government for taking final decision. The State Government on receipt of the said report issued the final notification dated 10.07.2020 (Annexure P-1) and notified the extent of wards. The said notification is under challenge.