DEEP NARAYAN CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY these two writ petitions the residents of Ahmednagar and Dhule are challenging the action taken by the Government converting the smaller urban area i.e. Municipal Council of Ahmednagar and Dhule respectively into a larger urban area i.e. Municipal Corporation. It is not disputed before us that common questions of law are involved in both these writ petitions and both the petitions can be disposed of by the common judgment. Hence, we are disposing of both these petitions by this judgment. Before we advert to narrate the factual aspect and the submissions that are advanced by the respective learned advocates including the Advocate General, in our view most of the contentions raised in the petition and agitated before us are squarely covered by the judgment of the Apex Court in State of Maharashtra and another Vs. Jalgaon Municipal Council and others reported in 2003 AIR SCW 1061 (hereinafter referred to as Jalgaon Municipal Council case). Both the learned advocates for the petitioners have tried to impress upon us that the question that is raised and decided by the Apex Court in Jalgaon Municipal Council case will not be applicable in these two writ petitions. We will consider this aspect little later when we consider the rival submissions. Before that, we will note down for our assistance the question formulated by the Apex Court in Jalgaon Municipal Council case :- Question No.(1) : Whether any hiatus between abolition of Municipal Council and constitution of Municipal Corporation is violative of Constitution of Part IXA. [This question is not raised in these petitions.] (2) The effect of census figures published being called provisional. (3) Whether the population of Jalgaon was denied and effective opportunity of raising objections and hence the principles of natural justice were violated. (4) Want of consultation with the Municipal Council - effect.

(2.) WHEN we commenced the hearing of these petitions and before we concluded the hearing Shri. Rajendra Raghuwanshi, Special Counsel appearing on behalf of the State of Maharashtra has stated that there is no consultation with the Municipal Council, Dhule and in such situation in view of the answer to the question No.4 by the Apex Court in Jalgaon Municipal Council case, the Government will consult the Municipal Council, Dhule and take appropriate decision. So far as Ahmednagar Municipal Council is concerned the learned Special Counsel submitted that before initiation of proposal of Municipal Council smaller urban area into a larger urban area the Municipal Council itself has passed a resolution requesting the Government of Maharashtra to convert the smaller urban area into a larger urban area and according to the learned Special Counsel there is sufficient compliance of consultation. In the latter part of hearing when the learned Advocate General stepped in and made his submissions he candidly submitted that both Municipal Councils namely Dhule Municipal Council and Ahmednagar Municipal Council were not consulted and for want of consultation the impugned notification required to be set aside and time bound programme be given be the Government to complete the process of consultation and after process of consultation with both the Municipal Councils as contemplated U/s.6 of the Maharashtra Municipal Councils Nagar Panchayats and Industrial Townships Act, 1965, the notification as required U/s.3 of the Bombay Provincial Municipal Corporations Act, 1949 will be considered. We will consider this concession little later, we now note the facts in these two petitions. The petition filed by the residents of Ahmednagar being earlier in point of time we will give facts in that petition first and then will refer to the facts in petition filed by the residents of Dhule.

(3.) THE facts regarding Ahmednagar Petition : In the year 1988 i.e. on 29-7-1988 the Government of Maharashtra submitted a proposal to alter the limit of existing Municipal Council and thereby the Government of Maharashtra issued a proclamation in pursuance to the provisions of Section 6 read with sub-section (3) of Section 3 of unamended Act, 1965. By the said proclamation the Government of Maharashtra had announced its intention to issue notification under clause A of sub-section 1 of Section 6 of unamended Act, 1965, to alter the limits of Ahmednagar Municipal Council, District Ahmednagar by including the area of villages shown in Schedule A, after inclusion the revised boundaries of the Municipal area as indicated in Schedule B. By the said proclamation all persons who wanted to raise any objection to the proposal are called upon to submit in writing with the reasons thereof to the Collector, Ahmednagar within two months from the publication of the proclamation in official gazette. Schedule A of the said proclamation gives list of 17 villages and their respective boundaries in detail. THEreafter, the objections were received and after considering the objections received and suggestions made by the residents of Ahmednagar city, the Government of Maharashtra by the order dated 30-4-1997 cancelled the said notification on 29-7-1988. After the order dated 30-4-1997 the Government of Maharashtra again took up the issue of extending the limit of the Municipal Council, Ahmednagar and accordingly proclamation came to be issued on 11-6-1998 as required under clause 13 of sub-section 3 of Section 6 of the amended Act 1965 and the Government declared its intention to issue notification under Clause A of sub-section 1 of Section 6 of 1965 Act. THE said proclamation discloses the Municipal limit to be extended which will cover 11 villages referred in the said proclamation. THE said proclamation is published with the Schedules A and B which describes the villages and the relevant survey numbers of those villages which will be included, and, Schedule B indicates the boundaries thereof. After the publication of proclamation dated 11-6-1998 objections were received by the Collector Ahmednagar and the objections were forwarded by the Collector to the Government of Maharashtra. THE Government of Maharashtra was of the opinion that the objections received were insufficient, invalid, not raising any valid grounds, the same came to be rejected. THEreafter consulting the Ahmednagar Municipal Council and other local authorities the Government of Maharashtra in exercise of powers under clause A of sub-section 1 of Section 6 decided to alter the limit of Ahmednagar Municipal Council with effect from 1-7-1999. THE areas which are included in Municipal area are referred to in Schedule A and the boundaries of the Municipal Council after inclusion of the local areas specified in Schedule A are shown in Schedule B. After the notification dated 29-6-1999 the Government of Maharashtra expressed its desire to delete village Kedgaon from Ahmednagar Municipal Council as per notification dated 29-6-1999 and accordingly a Government Resolution dated 24-4-2001 came to be issued. THE Government of Maharashtra has changed its view and by the Resolution dated 12-8-2002 cancelled the proclamation published on 24-4-2001 U/s.3 sub-section 3 of the Act of 1965.