- (1.) The challenge in this petition is to a notification issued by the Haryana Government under Section 8 of the Haryana Municipal Act , 1973 wherein the action of the State Government in rescinding the notification by which a 'C' class municipality was created earlier has been challenged. The attack is basically based on a decision given by the Division Bench of this Court in State of Punjab V. Dewan Chand, 1979 AIR(P&H) 46. Before adverting to the merits of the controversy, the brief facts may be noticed.
(2.) The State of Haryana in the exercise of powers conferred under Section 3 of the Haryana Municipal Act , 1973 - (for short 'Haryana Act') constituted a 'C' class municipality. Initially the notification inviting objection was issued vide Annexure P1 and the final notification Annexure P2 was issued on 5.8.1980. By this notification the Government of Haryana declared the local areas of Shahzadpur and Majra in Naraingarh Tehsil in Ambala district as 'C' class municipality. The residents of the locality did not reconcile with this action of the State Government of the notification issued on 5.8.1980. It appears that this persistent effort on the part of the residents of the local area prevalid with the State Government and the State Government issued a notification on 27.4.1987, Annexure P3 whereby the earlier notification creating a municipal committee was rescinded. The notification reads as under :- "No. 53/26/87/2CI. - In exercise of the power conferred by sub-section (1) of Section 8 of the Haryana Municipal Act , 1973, and all other powers enabling him in this behalf, and in compliance with the order dated 15.11.1987 of the Punjab and Haryana High Court passed in C.W.P. No. 3480 of 1987, the Governor of Haryana hereby rescinds the Haryana Government, Local Government Department, Notification No. 25/4/8-CI, dated the 27th April, 1987 whereby the municipality of Shahzadpur in Ambala District was abolished. Further in exercise of the power conferred by sub-section (1) of Section 8 of the Haryana Municipal Act , 1973, the Governor of Haryana hereby proposes to abolish the said municipality of Shahzadpur in Ambala District. Any inhabitant of the municipality of Shahzadpur or the local area in respect thereof who objects to the proposed abolition of the said municipality, may submit his objections in writing, through the Deputy commissioner, Ambala to the Secretary to Government, Haryana, Local Government Department, Chandigarh, within six weeks from the date of publication of this notification in the official gazette after the expiry of which the Haryana Government shall take such objections into consideration.'
(3.) The issuance of this notification led to the filing of Civil Writ Petition No. 3480 of 1987 in this Court and an order was passed by this Court in that petition on 15.11.1987 to the effect that before abolishing the Municipal Committee constituted vide notification Annexure P2, it was necessary to give hearing to the affected parties. This hearing was duly afforded. This becomes apparent from notification Annexure P-4. The State Government invited objections from the inhabitants of the municipality Shahzadpur and also from the residents of the local area. After hearing the objectors the final notification Annexure P-5 was issued on 3.8.1988 by which in the exercise of the powers conferred under Section 8 of the Haryana Act the Municipality of Shahzadpur was abolished. It is this action of the State Government which is being challenged on the basis of the decision given in Dewan Chand's case .;