GYAN PRAKASH PATEL Vs. STATE OF M.P.

JUDGEMENT

(1.) The Writ Petition No.17245/2016 filed by the petitioner, Gyan Prakash Patel is in the form of a public interest litigation whereas other writ petitions have been preferred either by the ex office bearers of the Gram Panchayats or by the residents of the Gram Panchayats.

(2.) For the sake of clarity and convenience the facts adumbrated in the W.P. No.17245/2016 are taken up for adjudication of the lis in question. The challenge in the present petition is to the Notification, dated 26th September, 2016, issued by the State Government, in exercise of powers conferred under Section 5(1)(b) of the M.P. Municipalities Act, 1961 [hereinafter referred to as 'the Act']. By the impugned Notification, Nagar Parishad Manpur (Municipal Council, Manpur) has been notified to be constituted, by including the area of Gram Panchayats, Manpur, Sigudi, Semra and Govarde. The villages of these Gram Panchayats have been notified in the impugned Notification. Villages - Manpur, Kathar and Barbaspur of the Gram Panchayat Manpur and Village, Sigudi of Gram Panchayat Sigudi; and villages of Semra and Goverde have been notified to be merged in the area of newly constituted Nagar Parishad Manpur.

(3.) The petitioners have challenged the constitution of the Nagar Parishad on the ground that the Notification is contrary to the provisions of the Act and also as there is no urban activity therein, therefore, the Gram Pancahayat cannot be made to loose its existence; that the residents of the villages do not pay any taxes viz. octroi (entry tax) or house tax whereas the inhabitants of a Nagar Parishad will have to pay the same to the Nagar Parishad. It is further contended that the Notification is not in the interest of residents of the villages. Further, challenge has been made on the ground that the Notification is bad in law, because the procedure prescribed under Section 5 of the Act and the principles of natural justice have not been followed, hence the impugned Notification is contrary to the observations made in para 29 of the judgment rendered by the Apex Court in the case of State of Maharashtra and another vs. Jalgaon Municipality , AIR 2003 SC SC 1659.