PAVITRA KUMAR BHATTACHARYA AND ANR. Vs. THE STATE OF JHARKHAND THROUGH THE CHIEF SECRETARY, GOVERNMENT OF JHARKHAND, RANCHI & OTHERS

JUDGEMENT

(1.) This Public Interest Litigation has been filed challenging the notification dated 03.09.2011 whereby 11 villages forming part of Chaibasa Municipality have been excluded from the municipality area.

(2.) The learned counsel appearing for the petitioner has submitted that in complete violation of the provisions of Rules 4 to 6 of the Bihar and Orissa Municipal Act, 1922, the impugned notification has been issued inasmuch as, the objection from the local people were not invited and thus, without considering the objection from the local people, the impugned notification has been issued. It is further submitted that due to impugned notification the local people have been deprived of basic amenities such as road, drainage, drinking water, street light etc.

(3.) A counter affidavit has been filed in the matter disclosing that earlier on 04.07.2011 a representation was given by the Union of Manki Munda to the Governor, State of Jharkhand raising a demand for segregation exclusion of 13 villages, including 11 villages (which are subject matter in the present litigation) from the municipal area. It is further disclosed that in the year, 1975 itself vide Resolution dated 01.10.1975, a decision was taken to exclude those villages from the municipal area however, somehow, the said decision could not be implemented.