RAMANI CHANDUBHAI GOVINDBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this writ petition, the petitioner has challenged the Notification dated 3rd January, 2015 issued by the Urban Development and Urban Housing Department, Government of Gujarat, whereby under the provisions of the Gujarat Provincial Municipal Corporations Act, 1949 as well as Article 243Q of the Constitution of India, territory of Kotharia and Vavdi have been included within the limits of the Municipal Corporation of the city of Rajkot.

(2.) The petitioner has raised the grievance that so far as the inclusion of village Vavdi is concerned, he has no dispute, but he has grievance against the inclusion of village Kothariya within the Municipal Corporation of Rajkot.

(3.) Mr. N.K. Majmudar, learned counsel for the petitioner has raised a contention that earlier, some areas were also included within the limits of the Rajkot Municipal Corporation, but no primary facilities were provided to such areas. On the contrary, when the said areas were managed by the concerned Gram Panchayats, they were running smoothly, but on inclusion such villages within the Corporation area, the situation has gone from bad to worse. Another contention raised by the learned counsel for the petitioner is that village Madhapur, Bedi etc. villages are situated nearby the limits of Rajkot Municipal Corporation, that is, at a distance 5 kilometers, whereas the present Kothariya village is at a distance of about 11 kilometers. The said villages of Madhapur and Bedi are not included within the Municipal Corporation area of Rajkot city as the said villages cannot have any appreciative value of the land. Mr. Majmudar has also contended that choose and pick policy has been adopted in the case of the present Kothariya Gram Panchayat. Learned counsel has also raised a contention that there is no intelligible differentia with the object sought to be achieved and on this ground he has challenged the vires of the notification in question under Article 14 of the Constitution of India.