MUNICIPAL COMMITTEE Vs. JAGATJIT COTTON TEXTILE MILLS LTD

JUDGEMENT

(1.) This letters patent appeal has been filed by the Municipal Committee Phagwara, against the judgment of a learned Single Judge, dated December 1, 1973, accepting the writ petition filed under Articles 226 and 227 of the Constitution of India by M/s. Jagatjit Cotton Textile Mills Limited, Phagwara, against the order of the Punjab Government, a copy of which is Annexure P-3 to the writ petition, extending the limits of the Municipal Committee, Phagwara. The facts, in brief, are as under :

(2.) On December 23, 1971, a notification under Sections 5 and 6 of the Punjab Municipal Act, 1911 (hereinafter to be called the Act) was issued in the name of the President of India by the Punjab Government as the Punjab State was then under the President's rule. A copy of the said notification is Annexure P-1. According to this notification, certain areas were sought to be excluded and some areas were to be included within the limits of the appellant Municipal Committee. Objections were invited against the proposals embodied in the notification. Some objections were filed by the respondent-company before the Deputy Commissioner, Kapurthala who kept the same in her office till March 7, 1972. Under instructions from the Deputy Secretary, Local Government, Punjab, to expedite the report, the Deputy Commissioner sent the report to the Government on March 9, 1972 and the impugned notification (Annexure P-3 was issued on March 10, 1972 by means of which the area including the premises of M/s. Jagatjit Textile Mills were included in the limits of the Municipal Committee. This notification was challenged through a writ petition under Articles 226 and 227 of the Constitution of India which was accepted by the learned Single Judge. In the writ petition the following three contentions were raised :

(3.) The learned Single Judge did not find any substance in any of the three contentions mentioned above. However, it has been held in the judgment under appeal that the previous decision dropping the proposal of the Government to extend the limits of the Appellant Municipal Committee had been taken by Shri Man Mohan Kalia, the then State Minister. Incharge of the Department of Local Bodies, Punjab and the impugned notification (Annexure P-3) was a modification or revision of the said previous order and it could be done only by the Governor. As the impugned decision was not taken by the Governor, according to the learned Single Judge, it was, therefore, vitiated. Consequently, the impugned notification (Annexure P-3) was quashed and it was held as under :-