LALIT SINGH Vs. STATE OF H. P.

JUDGEMENT

(1.) The petitioner is the Pradhan of Gram Panchayat, Sundha Bhonda and being aggrieved by the notification dated, 24.9.2020 (Annexure P-5) and subsequent notification dated 27.10.2020 (Annexure P-11), issued by the respondents, whereby area of Gram Panchayat Sundha Bhonda has been ordered to be included in Nagar Panchayat, Chirgaon, has filed the instant petition for grant of following substantive reliefs:- That the notification dated 24.9.2020 vide Annexure P-5 and subsequent notification dated 27.10.2020 vide Annexure P-11 issued by the respondents, whereby the area of G.P. Sundha Bhonda has been ordered to be included in Nagar Panchayat Chirgaon, may kindly be declared null, void and accordingly all the proceedings including proposal of creation of Nagar Panchayat Chirgaon and all the subsequent final proceedings as held in this regard being illegal and wrong may kindly be quashed and set aside and the respondents may be directed to restore the status of G.P. Sundha Bhonda in Tehsil Chirgaon, intact, so that the same may function as before so that the justice is done to all the inhabitants of G.P. Sundha Bhonda, Tehsil Chirgoan, District Shimla, H.P.

(2.) It is averred that in absence of any demand from the residents of Gram Panchayat, Chirgaon or residents of Gram Panchayat Sundha Bhonda for creation of Nagar Panchayat, Chirgaon, the respondents could not have, suo moto, created the Nagar Panchayat, especially when the previous efforts to create Nagar Panchayat in the year 2015 on the basis of report of Sub Divisional Officer, Rohru, have failed and the procedure, as envisaged under the Himachal Pradesh Municipal Act, 1994 (for short, "the Act"), has not been followed, rendering the entire exercise undertaken by the respondents to be null, void and illegal.

(3.) In addition to the aforesaid, it is claimed that area in question is backward. A lot of schemes have been extended there not only by the State, but also by the Central Government. Once the Nagar Panchayat is created, then all these benefits would be withdrawn to the residents of the area. It is claimed that exercise of power to merge the area in question has resulted in several consequences to the residents of not only Gram Panchayat Sundha Bonda, but also Gram Panchayat Chirgaon. Therefore, before constituting Nagar Panchayat, an opportunity of being heard should have been offered to the residents of the area and only thereafter, administrative decision by the respondents-State should have been taken that too, after considering the views of the residents and denial of such opportunity is not in consonance with the constitutional scheme or rule of law governing the society, therefore, notification constituting Nagar Panchayat be declared to be invalid.