SRI. FURKAN AHMAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner No. 1 is a Member of Uttarakhand Legislative Assembly, elected from Piran Kaliyar constituency, while petitioner no. 2 is the resident of village Padli Gujjar, Roorkee, District Haridwar. The petitioners are aggrieved by the notification dated 10.11.2017, by which two villages, namely, Padli Gujjar and Rampur, which form part of Piran Kaliyar constituency and are situated within the limits of District Haridwar, have been excluded from the territorial limits of Municipal Corporation, Roorkee.

(2.) The case of the petitioners is that earlier Roorkee had a local body which was a Nagar Palika Panshad and it was upgraded to Nagar Nigam i.e. Municipal Corporation on 003.2013. Later on, vide notification dated 14.10.2015, the aforesaid two villages i.e. Padli Gujjar and Rampur, were included in the territorial limits of Municipal Corporation, Roorkee. Now vide impugned notification dated 10.11.2017, these two villages have been excluded from the area of Municipal Corporation, Roorkee.

(3.) A pure legal question which has been argued by the learned counsel for the petitioners before this Court is that under the Uttar Pradesh Municipal Corporations Act, 1959 there is no provision for an area to be excluded from the limits of a Municipal Corporation. The only provision is of inclusion which is given in Sec. 3 (2) of the said Act. Therefore, since there is no statutory provision of exclusion, the notification dated 10.11.2017 is totally without jurisdiction and in violation of law.