JASWANT SINGH, J. - (1.) Present petition has been filed by Gram Panchayat, Village Bassi Sekhan, Tehsil Rajpura, District Patiala (For short "Gram Panchayat") seeking the quashing of Notification dated 23.10.2006 (Annexure P.2) and order dated 15.12.2006 (Annexure P.4) vide which area of the Gram Panchayat has been proposed to be included in the Municipal Limits of Municipal Council, Banur, District Patiala and the objections filed by the petitioner to the same have been rejected, respectively.
(2.) BRIEFLY , the facts as stated in the writ petition are that the Gram Panchayat is situated at a distance of 2 kms from the limits of Municipal Council, Banur. It is stated that the State Government had earlier issued a Draft Notification under Section 5(2) of the Punjab Municipal Act, 1911 (For short "the Act") on 1.4.1998 vide which the Municipal Limits of Municipal Council, Banur were proposed to be extended whereby the area of the Gram Panchayat was sought to be included. Petitioner-Gram Panchayat and other effected persons filed their objections to the said Draft Notifications and the same were accepted by the Competent Authority vide order dated 28.6.2005 (Annexure P.1) and the proposal to alter the said Municipal Limits by including the area of the petitioner-Gram Panchayat was ordered to be withdrawn. Thereafter, the State Government has again proceeded to issue a similar Notification under Section 5(2) of the Act on 23.10.2006 ( Annexure P. 2) wherein it is proposed to extend the limits of the Municipal Council, Banur so as to include the area in question of the petitioner-Gram Panchayat. Gram Panchayat filed details objections on 19.11.2006 to the Notification dated 23.10.2006 (Annexure P.2), wherein it was emphasized that the land falling between the Municipal Limits of the Municipal Council, Banur and the Village Bassi Sekhan (petitioner- Gram Panchayat) is totally agricultural cultivable land and there is no building structure existing in the area, such inclusion would seriously affect the finances of the Gram Panchayat besides adversely affecting the livelihood of the villagers. The Competent Authority, however, vide order dated 15.12.2006 (Annexure P.4) rejected the objections filed by the petitioner-Gram Panchayat and approved the proposed alterations in the Municipal Limits of Municipal Council, Banur. Hence, the present writ petition.
(3.) RESPONDENT -Municipal Council, Banur, upon notice, have filed written statement stating that limits of Municipal Council, Banur were last extended vide notification dated 20.11.1985 and thus the present extension has taken place after a period of more than 26 years and due to substantial development and habitation outside the municipal limits. The reasons for dropping the previous proposal in the year 2005 have been given. It is further stated that a final notification dated 19.12.2006 extending the municipal limits in pursuance of Annexure P/2 has been issued.;