Punjab & Haryana High Court Quashes Inclusion Of Kalanwali Village In Civic Body Limits Of Sirsa District
Aiman J. Chishti
4 Dec 2024 9:03 PM IST
The Punjab and Haryana High Court has quashed the Haryana Goverment's notification, including the Kalanwali village area within the Kalanwali Municipal Committee limits in Sirsa district.
Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "Since ex facie no opportunity of personal hearing became granted to the objector(s), despite there being possible prima facie adverse consequences becoming visited upon the residents of the erstwhile Gram Sabha areas, on their lands transiting onto the municipal limits."
These observations were made while hearing the plea of Gram Panchayat Kalanwali and others seeking the quashing of the notification dated 25.04.2023. The notification extended the jurisdiction of the Municipal Committee, Kalanwali, to include areas of Gram Panchayat Kalanwali.
The petitioners argued the inclusion was done arbitrarily, without adhering to the guidelines or considering objections raised by residents and the Panchayat itself.
It was also contended that the mandatory committee to assess the inclusion criteria under the guidelines dated March 3, 2009, was not constituted.
"The inclusion would adversely affect the agrarian nature of the village, impose higher taxes, and disrupt rural employment schemes like MNREGA," added the petitioners.
After examining the submissions, the Court opined that the State Government was required to take objections raised into consideration and necessitated a meaningful review of objections and a reasoned decision, including the provision of a personal hearing to the objectors.
"Nonetheless yet the objectors rather not being granted any personal hearing, besides no reasoned decision becoming recorded thereons. Therefore, the effect of the above omissions, is that not only a slipshod, but also an ill-informed decision became made by the respondent concerned, through the issuance of the impugned notification, wherebys there has been inclusion of Gram Sabha areas onto the municipal limits," it noted.
Reliance was placed on Baldev Singh and others versus State of Himachal Pradesh and others [AIR 1987, Supreme Court 1239], wherein in a similar case the Apex Court set aside the notification issued by the Himachal Government stating that, "Citizens of India have a right to decide, what should be the nature of their society in which they live- agrarian, semi-urban or urban Admittedly, the way of life varies, depending upon where one lives Inclusion of an area covered by a Gram Panchayat within a notified area would certainly involve civil consequences. In such circumstances it is necessary that people who will be affected by the change should be given an opportunity of being heard, otherwise they would be visited with serious consequences like loss of office in Gram Panchayats. an imposition of a way of life, higher incidences of tax and the like."
The division bench opined that since the authorities failed to give personal hearing to the objectors, the notification is ultra vires the provisions of Haryana Municipal Act, 1973.
Mr. B.S. Mittal, Advocate for the petitioners.
Mr. P.P. Chahar, Sr. DAG, Haryana.
Title: Gram Panchayat Kalanwali and others v. State of Haryana and others
