MOHAN SINGH THAKUR Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-1997-4-29
HIGH COURT OF HIMACHAL PRADESH
Decided on April 19,1997

MOHAN SINGH THAKUR Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents




JUDGEMENT

M.SRINIVASAN,C.J. - (1.)In C.W.P. No. 134 of 1997 the prayers are to quash the notifications dated 17 -1 -1997, 26 -2 -1997, and 27 -2 - 1997 issued by respondents 1 and 2. In C.W.P. No. 135 of 1997, the challenge is only against the notification dated 17 -1 -1997 in No. 7 -16/69 -lSG. Vol. IV.
(2.)The first of the notifications is dated 18.10.1996 issued by the government in exercise of the powers conferred by sub -section (3) of Section 3 read with Section 417 of Himachal Pradesh Municipal Corporation Act, 1994. The notification called for objections to the proposed inclusion of the area set out therein within, the Municipal Corporation, Shimla and such objections were to be in writing addressed to the Secretary (Urban Development) to the Government of Himachal Pradesh through the Deputy Commissioner, Shimla, within 30 days from the date of the publication of the notification. In the schedule as many as 59 villages were mentioned. The objections were sent not only to the Deputy Commissioner and the Secretary but also to the Prime Minister of India and some other dignataries. It is not necessary at this stage to refer to those objections in detail. The Deputy commissioner fixed 26 -12 -1996 for hearing. On that date, he proposed to go to several places. He had mentioned the name of the places and the time at which he would be available for hearing the matter in those places. After the report of the Deputy Commissioner was received by the Government, a notification was issued on 17.1.1997, which reads, in so far as it is relevant, as follows : "Whereas a proposal for inclusion of 59 Villages/Part of Villages (including existing areas of Nagar Panchayat, Dhalli) within the limits of Municipal Corporation, Shimla, specified in Schedule TV of this Departments Notification of even number, dated 18.10.1996 was published in the Rajpatra, Himachal Pradesh (Extra Ordinary) dated 19.10.1996 for inviting objections from the affected persons through the Deputy Commissioner, Shimla within thirty days; And whereas the objections received from the various interested groups/parties have been heard by the Deputy Commissioner, Shimla. And whereas the Deputy Commissioner, Shimla has sent his recommendations to the State Government keeping in view the objections filed by various persons/parties; And whereas the objections received within the specified period alongwith the recommendations of the Deputy Commissioner, Shimla have been considered by the State Government; Now, therefore, in exercise of the powers conferred by sub - section (3) of Section 3 of Himachal Pradesh Municipal Corporation Act, 1994 (Act No. 12 of 1994) and in consultation with the Municipal Corporation, Shimla, the Governor, Himachal Pradesh, is pleased to alter the limits of the Municipal area of Municipal Corporation, Shimla so as to include the areas specified in the schedule below within the limits of Municipal Corporation, Shimla, with immediate effect."
(3.)In the schedule the names of 30 villages were set out and in column 5 the various khasra numbers in the villages in which only certain lands were annexed to the municipal areas were mentioned. In all about 6245 Kitas were mentioned in column 5. By another notification dated 17.1.1997 in exercise of the powers conferred by sub -section (3) of Section 3 of Himachal Pradesh Panchayati Raj Act, 1994, the Governor excluded the villages mentioned in column 3 of the schedule from the Gram Sabhas mentioned in column 2 of the Schedule in order that they may be included in the municipal area of the Municipal Corporation, Shimla. The same 30 villages are mentioned and the same Kitas are set out in the said schedule. Another notification was issued on 26.2.1997 by which some more areas in six chaks were set out and they were also included in the area of the Municipal Corporation, Shimla. The total number of Kitas therein are 170. On the same day another notification was issued under the provisions of Himachal Pradesh Panchayati Raj Act, 1994 excluding those areas from the Gram Sabhas mentioned therein.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.