GRAM PANCHAYAT BAMNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Gram Panchayat Bamni, District Nagpur, takes exception by this petition to Notifications dated 4-9-1987 (10-9-1987 ) issued under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial townships Act, 1965 (hereinafter referred to as "maharashtra Municipalities act") and the Bombay Village Panchayats Act, whereby the Government of maharashtra sought to include certain lands from Village Bamni in the kalmeshwar Municipal Council and exclude the same from the limits of Gram panchayat Bamni. The Government issued a Notification on 1-1-1988 rectifying earlier notification under section 4 of the Bombay Village Panchayats Act, excluding only selected survey numbers from the area of Gram Panchayat, bamni, since the earlier notification erroneously referred to the entire village.

(2.) The petition filed on 28-10-1987 was admitted on 22-6-1988 and status quo as regards recovery of taxes was ordered to be maintained. By an order dated 16-10-2000, the petitioner Gram Panchayat was allowed to recover property taxes from a textile mill which had been set up on the lands merged in kalmeshwar Municipal Council, and the Municipal Council was permitted to recover taxes for water supply, street lighting and other municipal facilities.

(3.) According to the petitioners, villagers of Bamni allowed their lands to be acquired for industrialization of the area. However, Kalmeshwar Municipal council, which has been in existence for over 100 years, moved the Government to include the areas in the Municipal limits in order to boost its revenues. Respondent No. 1 Government published a Notification on 5-6-1987 in a local vernacular daily indicating the intention to include lands in Bamni Village in kalmeshwar Municipal Council and called for objections, if any. The notification also referred to an earlier publication in 1979 in a vernacular daily, not locally published, as also its display within the Municipal limits. This earlier notification was not noticed by the petitioners. However, on 9-3-1980, the Block development Officer had apprised the Gram Panchayat of Government's intention and had asked the Gram Panchayat to call a meeting to approve, or communicate objections to this proposal and to forward the same to the Block development Officer by 8-4-1980. Accordingly, on 7-4-1980, the Gram panchayat resolved to oppose the proposal for reasons stated in the resolution and informed the Block Development Officer accordingly on 8-4-1980. This was reiterated by a resolution in a meeting dated 20-4-1980.