SHAMSHER PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Urban Development and Housing Department, Government of Bihar, through its notification dtd. 3/3/2021, issued under Sec. 6 of the Bihar Municipal Act, 2007 has costituted Singhiya Nagar Panchayat by including Gram Panchayat Singhiya-I (part), Singhiya-II, and Singhiya- III in the district of Samastipur, within its area. The said notification is under challenge in the present writ application filed under Article 226 of the Constitution of India by the petitioners who are residents of village Singhiya. It is the petitioners' case that the said notification does not fulfill the statutory requirement of the proviso to sub-sec. (1) of Sec. 11 of the Bihar Panchayat Raj Act, 2006 (Panchayat Raj Act, for brevity) read with the provisions contained under Article 243 Q(2) of the Constitution and Sec. 3(1) of the Bihar Municipal Act, 2007 (Municipal Act, for brevity).

(2.) It has been asserted in the writ petition that Sec. 3(1) of the Municipal Act empowers the State Government to declare its intention to constitute a municipal area, but after making such enquiry, as it may deem fit, having regard to the population of any urban area, density of population therein, the revenue generated for the local administration of such area, percentage of employment in non- agricultural activities in such area, the economic importance of such area, and other factors as may be prescribed. However, without conducting an enquiry, as contemplated under Sec. 3(1) of the Municipal Act, the State Government of Bihar asked the respective District Magistrates to send their proposal for constitution of the urban bodies and, accordingly, the District Magistrate Samastipur sent a proposal for constitution of Singhiya Nagar Panchayat including within its area the aforesaid 3 Gram Panachayats, namely, Singhiya-I, Singhiya- II, and Singhiya-III. It is specific case in the writ petition that since there was no enquiry held, as stipulated under Sec. 3 (1) of the Municipal Act, before issuance of notification containing declaration of intention to constitute Singhiya Nagar Panchayat under Sec. 4 of the Municipal Act, the subsequent notification constituting Singhiya Nagar Panchayat under Sec. 6 of the Act is unsustainable.

(3.) It is also stated that availing the liberty under Sec. 5 of the Municipal Act to raise objection against proposed constitution of Singhiya Nagar Panchayat, an objection was filed by the petitioners and others on 22/1/2021 raising following issues: