GAON SABHA JHINJHAK Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution by the Gaon Sabha Jhinjhak through its pradhan Shri Asharfi Lal.

(2.) JHINJHAK is a town area, which was created by a Notification No. 60/XI-235-E, dated January 11, 1916 under Section 3 of the U. P. Town Areas Act On November 17. 1972. the Governor of Uttar Pradesh issued ano ther notification amending the sche dule to the aforesaid Notification ex tending the territorial jurisdiction of the town area. This Notification of November 17 1972 has been challenged in this petition.

(3.) THE second question raised is that under Section 3 of the U. P. Town Areas Act, a town area can be formed only in respect of an inhabited place. It is contended that the area sought to be included by the impugned notifica tion is agricultural in nature and is not inhabited area. This averment has been denied in the counter-affidavit fil ed on behalf of the Town Area Com mittee as well as by the State of Uttar Pradesh. It appears that before issuing the notification the State Government called for a report from the District Magistrate. The District Magistrate re ported that the population of the Town Area had grown in its size and it being a commercial centre. Its requirements had increased and. therefore it was necessary to include in its jurisdiction a wider area. It has further been stat ed in the counter-affidavit that the Gaon Sabha itself passed a resolution demanding the area covered by the Notification to be included in the town area. The learned counsel for the petitioner says that that resolution was an unauthorised one. Be that as it may, it is not necessary to resolve that con troversy, because the decision of the State Government on this point is final. Sub-section (2) of Section 3 of the U. B. Town Areas Act provides:-