RAGHUBHAI HIRABHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this public interest litigation, the writ-petitioner has challenged the application of the Gujarat Municipalities Act, 1963 ("Act") to the Scheduled areas as declared in the Notification dated December 31, 1977 issued by the Ministry of Law, Justice & Company Affairs in exercise of powers conferred under sub-paragraph (2) of paragraph 6 of the 5th Schedule to the Constitution of India as illegal.

(2.) THE case made out by the writ-petitioner is that he is a resident of Nandod Taluka and, according to the Notification dated December 31, 1977, the Nandod Taluka has fallen within the Scheduled area. The petitioner contends that in view of the provisions contained in Article 243ZC and Article 243ZF of the Constitution of India, the moment some of the areas of the State of Gujarat have been declared as Scheduled areas, the Act is not applicable to those areas and there is no scope of functioning of any Municipality in accordance with the Act in those areas. Consequently, the petitioner prayed that the election of Nagarpalika/Municipality for forming new body should not be held and, at the same time, the Municipal Authority should be restrained from collecting any amount of tax etc. towards any contribution from the persons of the Scheduled area as declared vide Notification dated December 31, 1977. The petitioner has further prayed that the provisions of the Act are not applicable to the petitioner and other persons belonging to the scheduled areas as declared in the above Notification.

(3.) THE present writ-application is opposed by the State-respondent and various Municipalities who are being added in this application as the respondents.