RAKAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The constitutional validity of Section 12-A of the Uttar Pradesh Industrial Area Development Act, 1976 and of a notification of the State Government dated 14 January 2015 is in issue. The challenge is on the ground that Section 12-A is ultra vires Part IX of the Constitution. District Gautam Budh Nagar was constituted a district on 6 May 1997, comprising of revenue villages from the tehsils of Dadri, Sikandarabad and Khurja of district Bulandshahr. After the creation of the new district, the State Government, in exercise of powers conferred by Section 17 of the Uttar Pradesh Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961(Adhiniyam of 1961), constituted a Zila Panchayat for the district. Elections were held after de-limitation of constituencies and wards.

(2.) On 17 April 1976, a notification was issued by the State Government declaring an 'industrial development area' under the provisions of Section 2 (b) of the U.P. Industrial Area Development Act, 1976 (Act of 1976).

(3.) Part IX of the Constitution deals with Panchayats. Article 243 (d) defines the expression 'Panchayat' to mean an institution (by whatever name called) of self-government constituted under Article 243-B for rural areas. In Article 243-B, the Constitution has made provisions for the constitution of Panchayats. Clause (1) of Article 243-B requires that there shall be constituted in every state, Panchayats at the village, intermediate and district levels in accordance with the provisions of the Part. Part IX-A deals with Municipalities. Under Article 243-P (c), the expression 'Metropolitan area' is defined to mean an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification. Article 243-P (d) defines the expression 'Municipal area' to mean the territorial area of a Municipality as is notified by the Governor. Article 243-P (e) defines the expression 'Municipalities' to mean an institution of self-government constituted under Article 243-Q. Article 243-Q provides as follows: