STATE OF UTTARAKHAND Vs. DINESH RANDHAWA

JUDGEMENT

(1.) ON 11th May, 1916, the Uttar Pradesh Municipalities Act, 1916 came into effect; whereas sometimes in 1959, Uttar Pradesh Municipal Corporation Adhiniyam, 1959 came into operation. With effect from 1st June, 1993, Part IX A was inserted in the Constitution of India. Part IX A contains Article 243P to Article 243ZG. In terms of Clause (e) of Article 243P, "Municipality" means an institution of self -government constituted under Article 243Q. In 1995, accordingly, the meaning of the word "Municipality" was altered in the Act by stating that "Municipality" means an institution of self -government referred to in Clause (e) of Artide 243P of the Constitution of India. Similarly, in 1995, the meaning of Municipal Corporation was changed in the Adhiniyam in line with the meaning of the same as provided in Article 243Q. Article 243Q provides for "constitution of Municipalities. It directs the State to constitute a Nagar Panchayat for a transitional area, that is to say, an area in transition from a rural area to an urban area; a Municipal Council for a smaller urban area; and a Municipal Corporation for a larger urban area, in accordance with the provisions of Part IX A of the Constitution. The said Article authorizes the State Government to denote a transitional area, a smaller urban area and a larger urban area, having regard to the population of the area, the density of the population therein, the revenue generated, the percentage of employment in non -agricultural activities, the economic importance or such other factors as it may deem fit.

(2.) THE State Government issued a notification dated 8th October, 2010 and thereby, provided that if the population of an urban area is more than 1,25,000, the said area shall have a Municipal Corporation. Having noted that the population of the urban areas, known as Haldwani and Hardwar, has increased beyond 1,25,000, the State Government issued notifications, on 20th May, 2011, upgrading the Municipal Council of Haldwani and Municipal Council of Hardwar to Municipal Corporation of Haldwani and Municipal Corporation of Hardwar. At the same time, it passed orders and thereby, appointed administrators in the office of the then Municipal Council of Haldwani and Municipal Council of Hardwar. This action on the part of the State Government was subject matter of two writ petitions filed in this Court. This Court held in those writ petitions that in view of Section 8 -AA of the Uttar Pradesh Municipal Corporation Adhiniyam, 1959, by reason of upgradation of a Municipal Council to a Municipal Corporation, Municipal Council do not stand dissolved automatically; the same may be dissolved. Apropos that, the Court further held that since Article 243U provides for a reasonable opportunity of being heard to the Municipality before its dissolution, it should be deemed to be ingrained in Section 8 -AA of the said Adhiniyam that before effecting dissolution by upgradation, Municipal Council is entitled to a reasonable opportunity of being heard. This Court further held that in as much as no such opportunity was given, the orders dated 20th May, 2011 were not sustainable. However, the decision of this Court became effective only on 14th July, 2011 and, accordingly, the impediment, created by the orders dated 20th May, 2011 for the Municipal Council of Haldwani and Municipal Council of Hardwar, to function came to an end, since 14th July, 2011, whereupon there was no impediment on the part of the said Municipal Councils to function as they were otherwise entitled to as such Municipal Councils. The fact, however, remains that by 16th July, 2011, the charges of administration of the said Municipal Councils were given up by the District Magistrates, who were appointed as administrators by the orders dated 20th May, 2011. On 18th July, 2011, Chairman of the Municipal Council of Haldwani acknowledged, in writing, that he has assumed charge. There is no such document from the Chairman of the Municipal Council, Hardwar.

(3.) IN the meantime, on 29th June, 2011, a notice was published in the newspaper, whereby it was indicated that an opportunity of hearing is being accorded to the Chairman of Municipal Council, Haldwani, Ward Members of the said Municipal Council and the people, residing within the territory of the said Municipal Council, in as much as a decision has been taken to upgrade Municipal Council, Haldwani into Municipal Corporation, Haldwani and if they seek to object to the said proposal, they may appear and be heard at Dehradun on 13th July, 2011. On 8th July, 2011, a corrigendum to the said notice was issued and thereby, the venue of hearing was changed to Haldwani and at the same time, the date of hearing was also altered to 17th July, 2011. In terms thereof, hearing was given on 17th July, 2011 and thereafter, on 21st July, 2011, a notification was issued upgrading the Municipal Council, Haldwani to Municipal Corporation, Haldwani. A similar notice dated 29th June, 2011 was issued in relation to Municipal Council, Hardwar and by the corrigendum dated 8th July, 2011, the date of hearing was altered to 16th July, 2011. Again, on 21st July, 2011, a notification was issued and thereby, Municipal Council, Haridwar was upgraded to Municipal Corporation, Hardwar.