GRAM PANCHAYAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner by this writ petition has prayed that the notification dated 28th June, 1988 (Annex. 3) may be quashed and in the alternative a direction may be issued to the State Government to exclude the area of Gram Panchayat, Akarabhata from the area of the Municipal Board, Abu Road and allow the petitioner Gram Panchayat, Akarabhata to function as a unit of Local self Government within the frame work of the Rajasthan Panchayat Act, 1953.

(2.) THE petitioner No. 1 is a duly constituted Gram Panchayat and has filed this writ petition through its Sarpanch, petitioner No. 2. Petitioner No. 2 and the petitioners No. 3, 4, 5 and 6 are the. Sarpanch and Panchas of the petitioner Gram Panchayat. In the year 1981 a notification was issued by the Government dated 10th August, 1981 which was published in the Rajasthan Gazette dated 20th August, 1981 Part VI Kha. By this notification, the Government expressed its intention to extend the municipal limits of the Municipal Board, Abu Road towards Akarabhata on the northern side. On the aforesaid notice, the objections were invited and the Gram Panchayat raised objections against the inclusion of this area in the municipal limits of the Municipal Board, Abu Road by filing objections in the year 1981. The aforesaid objections were duly considered and the then Collector sent report against the inclusion of this area within the municipal limits' of the Municipal Board, Abu Road. It appears that no further steps were taken up and the villagers of this Gram Panchayat thought that the matter has been given up. After 7 years, the Government again issued a notification dated 28th June, 1988 under Section 4(2) of the Rajasthan Municipalities Act, 1969 (referred to hereinafter as 'the Act of 1959'), by which the limits of the Municipal Board, Abu Road on the northern side which included major area of the petitioner Gram Panchayat and wards No. 1, 2, 3 and 5 were sought to be included within the municipal limits of the Municipal Board, Abu Road. On enquiry, it was revealed that the report was obtained from the Collector Shri Rohit Brandon in January, 1987 that the area may be included in the municipal limits of the Municipal Board, Abu Road. It is submitted that after 1981 till 1987 -88 nO fresh notification was issued inviting the objections whatsoever except the report of the Collector and on the basis of the report of the Collector the objections filed by the villagers were rejected and the notification dated 28th June, 1988 (Annex. 3) was issued. It is this notification dated 28th June, 1988 which is sought to be challenged by this writ petition.

(3.) MR . Mridul, learned Counsel appearing for the Municipal Board, in support thereof has invited my attention to a decision of the Hon'ble Supreme Court rendered in the case of Sunderjas Kanyalal Bhatija and Ors. v. The Collector, Thane, Maharashtra and Ors. : [1990]183ITR130(SC) .