BALBIR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of the present petition under Article 226 of the Constitution of India, petitioners have assailed proposal for constitution and declaration of Nagar Panchayat Barsar, District Hamirpur, vide impugned notification dtd. 23/24/11/2025 (Annexure P-1), as well as final notification dtd. 25/2/2026 (Annexure P-6) creating Nagar Panchayat Barsar, issued by respondents, alleging the same to be arbitrary, illegal, and violative of Article 243Q of the Constitution of India. It is further submitted that the notification so published lacks the essential ingredients, required to be incorporated therein as envisaged under Article 243Q of the Constitution.

(2.) This is the second round of litigation. The respondents had notified proposal for declaration of Nagar Panchayat Barsar vide notification dtd. 23/24/11/2024 (Annexure P-1), inviting objections from affected persons through Deputy Commissioner, Hamirpur, within a period of two weeks.

(3.) Petitioner has filed objections against inclusion of area of Gram Panchayat Bani in proposed Nagar Panchayat, Barsar, on the ground that for inclusion of Wards of their Gram Panchayat in Nagar Panchayat Barsar, all villagers are annoyed, who are residents of rural area, and some of them are Below Poverty Line and all of them are engaged in animal husbandry and agricultural activities. It is further contended that Panchayat/Wards are situated at a distance of 35 kilometers from the town, and residents cannot bear the financial burden associated with Nagar Panchayat.