KEWAL KRISHAN Vs. STATE OF J&K

JUDGEMENT

(1.) THE present petitioner challenges a direction given by the Director, Local Bodies, Jammu, whereby he has directed that the bids for the properties auctioned by the Notified Area Commissioner, Samba, be not given effect to. This is challenged mainly on the ground that the Director Local Bodies Jammu had no jurisdiction in the matter.

(2.) IT is not in dispute that the Notified Area Committees are constituted under Chapter XXX of the J&K Municipal Act Samvat 2008 BK. Sections 283 and 285 are relevant and are quoted below: - "283. Constitution of notified areas. The Government may, by notification, declare that, with respect to some or all of the matters upon which a Municipal Fund may be expended, improved arrangements are required within specified area, hereinafter called a notified area, which nevertheless, it is not expedient to constitute a Municipality. 283 -A. When a local area, the whole or part of which was a Town area under the Town Area Act, Svt. 2011 is declared to be a Notified Area under this Chapter, the Notified Area Committee shall be deemed to be the perpetual successor of such. Town Area Committee in respect of all its rules, general and special orders, taxes and all other matters whatsoever." "285. Application of Act of Notified Areas. For the purposes of any section of this Act which may be extended to a notified area, the committee appointed for such area under the preceding section shall be deemed to be a Municipal Council under this Act and the area to be a Municipality."

(3.) AT present, there are no elected bodies. The properties belonging to the Notified Area Committees are being looked after by the Administrator. In this situation all those consequences which ensue when an elected body is under supersession would ensue and apply to the facts of this case. This relevant provision is Section 260. This is re -produced below: - "260. Consequences of supersession. (1) When the Council is superseded under the preceding section, the following consequences shall ensue: - (a) all powers and duties of the council and standing committee may, until the council is reconstituted, be exercised and performed by such person as the Government may appoint in that behalf, and the person so appointed shall be called the Administrator of the Municipality; (b) all property vested in the council shall, until the council is reconstituted, vest in the Administrator in trust for the purposes of this Act. (2) The Administrator of the Municipality shall be a corporation sole and may sue and be sued in the name of "The Administrator of the Municipality." (3) The Administrator of the Municipality shall be subject to the control of the Government and such other person or persons as it may direct, and shall be subject also to all other restrictions, limitations and conditions imposed by this Act on the council and the standing committees. (4) The Administrator of the Municipality may at any time be removed by the Government who shall also have power to appoint another person in his place. (5) The Government may, if it thinks fit, at any time constitute another council according to the provisions of this Act in the place of the Council superseded underthe preceding section."