GRAM PANCHAYAT Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed challenging the notification no.3130/9/1/2022-88T.A./22 Lucknow dtd. 13/10/2022 issued by the State Government in exercise of powers under clause (2) of Article 243-Q of the Constitution of India read with sub-sec. (2) of Sec. 3 of the Uttar Pradesh Municipalities Act, 1916[ Act, 1916] including the areas specified in the Schedule appended to the notification in the transitional area of Nagar Panchayat Barsana in District Mathura for purpose mentioned in Part IX-A of the Constitution. The petitioners are aggrieved by this notification insofar as it relates to inclusion of Gram Panchayat Barsana Dehat in the aforesaid transitional area of Nagar Panchayat Barsana.

(2.) The facts as appearing from the record of the writ petition are that the petitioner no.2 was elected as Pradhan of Gram Panchayat Barsana Dehat, Vikas Khand-Nand Gaon, Tehsil-Goverdhan, District Mathura for the term of 2021-2026 with the present term of the petitioner being slated to be continued till 1/2/2026; that ten work orders were issued by the Gram Panchayat and approximately 40% of the works have been completed; that 80% of the population of the Gram Panchayat is extremely poor and jobless and most of the persons are dependent upon the facilities provided by the State Government in scheme such as MNREGA, Khadi Gramodhyog etc.; that the petitioner-Gram Panchayat, is famous for its various religious and historical places; that a notification no.2775/9/1/2022-88 T.A./22 Lucknow dtd. 15/9/2022 was issued by the Governor in exercise of powers under clause (2) of Article 243-Q of the Constitution read with sub-sec. (2) of Sec. 3 of the Act, 1916 proposing to include several areas including the areas of Gram Panchayat Barsana Dehat in the transitional area of Nagar Panchayat Barsana with a view to invite objections and suggestions in respect thereof as required under sub-sec. (1) of Sec. 4 of the Act, 1916. This notification provided that objections or suggestions, if any, with respect to the proposed notification should be sent in writing addressed to the Pramukh Sachiv, U.P. Shasan, Nagar Vikas, Anubhag-I, Bapu Bhawan, Lucknow. It was specified that only such objections and suggestions shall be taken into consideration as are received within seven days from the date of publication of that notification in the Gazette. Admittedly, this notification was published in the Gazette on 15/9/2022. The area of Barsana Dehat is also included in the Schedule to the notification. An objection dtd. 19/9/2024 was sent by the petitioner no.2, inter alia, to the Pramukh Sachiv by recorded delivery of India Post bearing Consignment No.EU 910597843IN. It is stated with proof that the item was delivered on 20/9/2022 (as per tracking report). It is stated that the objection filed by the petitioners has not been considered prior to issuing the notification dtd. 30/10/2022 under sub-sec. (2) of Sec. 3 of the Act, 1916 and the area of Barsana Dehat has been included in the transitional area of Nagar Panchayat Barsana.

(3.) The contention of the learned counsel for the petitioners is two fold. Firstly, it is contended that as per the mandate of Sec. 4 of the Act, 1916, since the objection of the petitioners having been demonstrated to have been received by the addressee at its office within the time specified in the notification aforesaid dtd. 15/9/2022, the respondents were bound to consider the same and that having not been done, the notification dtd. 13/10/2022 under sub-sec. (2) of Sec. 3 of the Act, 1916 is liable to set aside insofar as inclusion of the area of Barsana Dehat in the transitional area of Nagar Panchayat Barsana is concerned. Secondly, it is stated that 80% families in village Gram Panchayat Barsana Dehat are poor and belong to the labourer class, who are availing benefit of the scheme in MNREGA for purposes of their livelihood and inclusion of the area of Barsana Dehat in Nagar Panchayat Barsana would be violative of the criteria prescribed in the Government Order dtd. 10/11/2014 that has been enclosed as Annexure-10 to the writ petition. Learned counsel for the petitioners in support of his contentions has relied upon a judgment of this Court in the case of Surjit and 5 Ors. vs. State of U.P. and 2 Ors.,2022 (11) ADJ 111 (DB). and the judgment of the Supreme Court in the case of State of U.P. and Ors. vs. Pradhan Sangh Kshetra Samiti and Ors.,(1995) Supp2 SCC 305.