ANIL TRIVEDI Vs. STATE OF M.P.

JUDGEMENT

(1.) This public interest petition is directed against the Notification dated 17.2.2012 issued under Section 405(1) of the M.P. Municipal Corporation Act, 1956 (for short "the Act") as also the Notification dated 4.3.2014 issued under Section 405(3) of the Act.

(2.) In brief, the case of the petitioners is that they are the residents of Indore and the Notification dated 17.2.2012 was issued under Section 405(1) of the Act inviting objections for including 23 village panchayats (29 villages) specified in Schedule 1 of the notification within the limits of municipal corporation, Indore. Petitioners had submitted their objections on 16.3.2012. They had appeared before the Collector, Indore on 18.6.2012 to make submissions in support of their objections and the final Notification dated 5.2.2013 was issued for including the Gram Panchayats and villages specified in Schedule 1 of the said notification within the limits of the Municipal Corporation, Indore. Petitioners had earlier filed W.P. No.5196/2013 challenging the Notification dated 17.2.2012 and 5.2.2013 and this Court by order dated 3.2.2014 had set aside the Notification dated 5.2.2013 on the ground that the objections were not decided before issuing the final notification. The challenge to the Notification dated 17.2.2012 was kept open directing the competent authority under Section 405(2) of the Act to decide all the objections including the challenge to Notification under Section 405 of the Act. Respondent No.4- Collector, Indore had issued the notice dated 6.2.2014 for hearing of the objections and the opportunity of hearing to the petitioners was given on 13.2.2014 by him. Thereafter, the fresh Notification dated 4.3.2014 has been issued under Section 405(3) of the Act for including 23 village Panchayats (29 villages) within the municipal limits of Indore, which has prompted the petitioners to file the present writ petition.

(3.) A reply has been filed by the respondents No.1 to 4 seeking to justify inclusion of 29 villages within the limits of Municipal Corporation, taking the stand that the impugned notifications have been issued after following due process and procedure as prescribed under Section 405 of the Act.