KESHAV DEV KUSHWAHA Vs. STATE OF UP

JUDGEMENT

(1.) This petition has been filed by an elected member of the Nagar Palika Parishad, Firozabad for the following reliefs:

(2.) On 20 October 2008, in exercise of powers conferred by Section 3 of the Uttar Pradesh Municipalities Act, 1916 read with Article 243-Q of the Constitution, the State Government notified the areas which were comprised within the limits of the Nagar Palika Parishad, Firozabad. On 20 April 2011, an unanimous resolution was passed at a meeting of the Nagar Palika Parishad recording that since the population of the area was 6,23,000, a municipal corporation may be notified. By a notification dated 4 August 2014 issued under Section 3 of the Act of 1959 read with Article 243Q, the areas comprised in Schedule-1 to the notification have been comprised to form part of a larger urban area within the meaning of sub-clause (c) of Clause (1) of Article 243Q. The limits of the municipal corporation of Firozabad have been specified in Annexure-2.

(3.) The submission which has been urged on behalf of the petitioner is that when a proposal was originally sent to the State Government, it was proposed to upgrade the Nagar Palika Parishad to a municipal corporation of which the area was described to be 21.35 sq kms. Subsequently, on 10 July 2014, the District Magistrate addressed a communication to the Urban Development Department wherein it was contemplated that 344 gatas comprising of the entire village of Asafabad and 322 gatas of the entire village Didamai were to be comprised in the larger urban area. However, according to the petitioner, it appears that the total area which has been included within the municipal corporation admeasures 3490.132 hectares (stated to be equivalent to 34.90 sq kms) as opposed to the original proposal, which extended to an area admeasuring 21.35 sq kms. Moreover, it has been submitted that the area which is comprised in the limits of the municipal corporation stands increased, though the proposal envisaged that there would be no increase in the area. It has also been submitted that the actual gata numbers which have been comprised would stand reduced if a comparison is made between the notification dated 20 October 2008 constituting a municipality and the notification dated 4 August 2014 constituting a municipal corporation. This point is sought to be illustrated by stating that in respect of village Asafabad, the notification dated 20 October 2008 comprised 421 gata numbers, whereas the notification dated 4 August 2014 comprises of 344 gata numbers. In the case of Didamai, it is stated that the earlier notification dated 20 October 2008 comprised of 506 gata numbers as opposed to the notification dated 4 August 2014 which comprises of 512 gata numbers. On this basis, it is urged that the area and the exact number of gatas cannot be ascertained.