LAWS(P&H)-1983-11-125

RAGHBIR SINGH HUNDAL Vs. STATE OF PUNJAB

Decided On November 14, 1983
RAGHBIR SINGH HUNDAL Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The petitioners are residents of Verka which is otherwise included within the limits of Municipal Corporation of Amritsar. In pursuance of the representation made by the residents of Verka for its exclusion from the limits of the Municipal Corporation the Advisory Board of the Corporation made a favourable recommendation.The Government agreed to accept the recommendation of the Advisory Board and Mr. Balwant Singh,the then Minister for Local Self Government wrote letter dated November 21, 1979, (P.5) to S. Raghbir Singh Hundal of Verka and it reads:

(2.) The Government did not issue the requisite notification under section 3 of the Punjab Municipal Corporation Act, 1976, (hereinafter the Act) for exclusion of Verka from its limits. The petitioners have filed the present writ praying for a direction to be issued to the Government to issue notification for excluding the area of Verka from the limits of Municipal Corporation, Amritsar.

(3.) The stand of the Municipal Corporation, Amritsar, is that it is the privilege of the State Government alone to include or exclude any area under section 3(3) of the Act and in the absence of such a notification, the prayer made by the petitioners lacks the sanction of law.