LAWS(BOM)-2009-6-12

TELEGAON VILLAGE PANCHAYAT Vs. STATE OF MAHARASHTRA

Decided On June 15, 2009
TELEGAON VILLAGE PANCHAYAT Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This case has been filed in the year 1998 challenging the Notification issued on 22nd June, 1998 by respondent No. 1 under section 3(3) read with section 6(2) of the Maharashtra (Municipal Councils), (Nagar Panchayats) and Industrial Townships Act, 1965, for short "the Act of 1965" . By this Notification the area under Talegaon Village Panchayat was included in the Igatpuri Municipal Council. This petition was dismissed on 20th July, 1998 by an order of this Court. Thereafter, it appears that the matter went to the Supreme Court where the petitioner withdrew the petition with liberty to approach this Court seeking review of its earlier order. The review petition was made in which the Bench of this Court passed an order on 9th November, 1998, which reads as under:

(3.) The notice inviting objections under section 3(3) of the said Act of 1965 was issued in the year 1991. Objections were considered. All the steps which are required in law were taken by the respondents and the impugned order was passed in the year 1998. But in between there was amendment in the Act of 1965. In view of incorporation of Article 243 Q in the Constitution of India the amendments were made in section 6 of the Act of 1965. Section 6 of the Act of 1965 reads as, "Subject to the provisions of sub-section (2) of section 3, the State