SANDEEP PANDURANG PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This batch of public interest petitions raise a common challenge, which is to the notification dated 24 June 2020 issued by the State Government, exercising powers under clause (a) of Section 3(3) of the Maharashtra Municipal Corporation Act, 1949 (for short "1949 Act"), whereby the State Government decided to alter the limits of the larger urban area constituting the Municipal Corporation of the City of Kalyan-Dombivili (for short "the KDMC"), to exclude therefrom 18 villages as specified in 'Schedule A' of the said notification so as to have revised boundaries of the KDMC, as specified in 'Schedule B' of the said notification. There is also a challenge to a consequent notification of an even date, which is in the nature of a proclamation, issued under Section 3(3) of the Maharashtra Municipal Council, Nagar Panchayat and Industrial Townships Act, 1965 (for short "Municipal Council Act") by which the State Government has announced its intention to issue a notification in exercise of the powers under sub-Sections 2, 2A and 3 of Section 3 of the Municipal Council Act, with a view to specify the smaller urban area as comprised in these excluded villages to form a new Municipal Council by the name of "Kalyan Suburban Municipal Council". Such proclamation contains a draft notification inviting objections to be submitted to the Collector, Thane within a period of 30 days from the date of publication of the said proclamation in the Maharashtra Government Gazette being part of the procedure to form the said new Municipal Council.

(2.) The factual conspectus leading to the assail, are required to be noted- On 1 October 1983, the KDMC-Kalyan Dombivli Municipal Corporation was constituted by issuance of a notification under Section 5 of the 1949 Act. In constituting the KDMC, area of 27 villages, which includes 18 villages which are the subject matter of exclusion as impugned in the present petitions, formed part of the Municipal Corporation. In 2002, which was after a period of 19 years, the State Government by a notification dated 12 July 2002 excluded these 27 villages from the Municipal Corporation. Quite peculiarly, again on 11 March 2015, the State Government proposed to include these 27 villages in the Municipal Corporation. A final notification to that effect, dated 14 May 2015 was issued by the State Government to include these 27 villages within the limits of the Municipal Corporation with effect from 1 June 2015.

(3.) Things did not rest at this, for immediately almost 4 months of such inclusion of these 27 villages within the KDMC, the State Government again on 07 September 2015, issued a draft notification "for exclusion" of these 27 villages from the Municipal Corporation. A hearing on the draft notification was fixed after about five years, that is, on 6 March 2020, which has culminated in issuance of a final notification dated 24 June 2020, as impugned, whereby now out of the proposed exclusion of 27 villages, 18 villages are excluded from the KDMC. These facts are not in dispute.