SAHNI CARPETS Vs. STATE OF HARYANA

JUDGEMENT

(1.) A notification dated 13/22.1.1997 under Section 4, subsection (1) of the Haryana Municipal Act, 1973 (for short 'the Municipal Act') was issued by the State with an intent to include within the municipality of Sadhaura, the area shown within the boundaries specified in the schedule appended with the notification. The inhabitants of the municipality or the local area were afforded an opportunity to submit objections, if any, to the proposed alteration of the municipal limits.

(2.) THE objections were filed by the petitioners to the said notification vide Annexure P -2 and P -3 dated 21.2.1997 and 24.2.1997, respectively.

(3.) THE precise grievance being expressed by the petitioners is that before issuance of a final notification under Section 4(3) of the Municipal Act, the Government had failed to consider their objections and they were not afforded any opportunity of hearing. Thus, the notification dated 12.9.1997 (Annexure P -4) issued under Section 4(3) of the Municipal Act was invalid and unsustainable. A reliance is placed on a decision of the Hon'ble Supreme Court in Baldev Singh and others vs. State of H.P. and others, 1987 AIR(SC) 1239.