SATISH KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS order will govern disposal of Writ Petition (PIL) No. 4904/2014 and Writ Petition No. 4187/2014. For the sake of convenience, facts are taken from Writ Petition (PIL) No. 4904/2014.

(2.) BY filing this petition in the nature of public interest litigation, the petitioners have challenged the notification dated 09.01.2013 published on 08.02.2013 (Annexure P/1) for inclusion of area specified in it, within the limits of Municipal Area of Municipal Council, Sarangpur, District Rajgarh and also the final notification dated 30.01.2014 published on the same day (Annexure P/7) issued by the respondents. The first notification has been issued by the respondents mentioning it to be under Section 5(1) & (2) of the Madhya Pradesh Municipalities Act, 1961 (for short, the Act of 1961) whereas the second notification (Annexure P/7) has been issued mentioning it to be under Section 5A of the Act of 1961.

(3.) MS . Mini Ravindran, learned Deputy Government Advocate for the respondents, on the other hand, supported the impugned notifications but has not disputed that the first notification has been issued mentioning wrong provision and it ought to have been issued under Section 5A(1) of the Act of 1961. She submits that before Hon'ble Governor, the file received from the Collector was also placed along with the file of the Department. And thereafter, the Governor granted the approval on the file. Thus, according to her, there is sufficient compliance of Section 5A(2) and (3) of the Act of 1961.