LAWS(MPH)-2000-10-11

SANJAY KUMAR DUBEY Vs. UNION OF INDIA

Decided On October 12, 2000
SANJAY KUMAR DUBEY Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE petitioner has challenged the creation of State of Chhattisgarh by the M. P. State Reorganisation Act, 2000, (for brevity "reorganisation Act, 2000" ). His submission is that creation of new State be stayed and the Reorganisation Act, 2000, quashed.

(2.) THE State of Madhya Pradesh was created by the State Reorganisation Act, 1956, from November 1, 1956. It is the largest State in India and it comprised the old districts of Central Provinces excluding districts of Berar, old State of Madhya Bharat, Vindhya Pradesh and Sironj Sub-Division of Vidisha District, initially forming part of State of Rajasthan. It was created by the Union of India mainly on the report of State Reorganisation Commission, 1955, Chapter VII of which deals specifically with subject "smaller States v. Larger States". The Home Minister Late Shri Vallabh Bhai Patel got abolished the small States and favoured compact bigger States on the basis of norms fixed by the State Reorganisation Commission, 1955, headed by Supreme Court Judge, Sarvashri Fazal Ali, H. N. Kunzuru and K. M. Pannikar, as Members of the Commission.

(3.) THE Prime Minister, during election to Lok Sabha in 1996, promised to create Chhattisgarh as a separate State in his election campaign at Raipur. As his party came in power, he activated the Union Government to create this State and the Congress Party also supported this move. As a result of this political decision, Reorganisation Act, 2000, came into existence and new State is coming into existence from 1-11-2000. Hence, the State of M. P. is taking fastest steps to allot officials and ministerial staffs to the new State and construction works at Raipur and Bilaspur are in full swing. It is said that the High Court shall function from 1-11-2000 at Bilaspur. Crores of rupees are being spent in this venture, when there is no justification for creating this State which will comprise of six old Districts of Madhya Pradesh namely, Raipur, Baster, Bilaspur, Durg, Raigarh and Sarguja. Some more districts have been created, but that would not justify the creation of separate State in present times of price hike with great burden on public exchequer of the State and Union Government causing colossal waste of public money.