A.K.MATHUR,J. - (1.) THE petitioner by this writ petition has prayed that the notification dated 28th June, 1988 (Annex. 3) may be quashed and in the alternative a direction may be issued to the State Government to exclude the area of Gram Panchayat, Akarabhata from the area of the Municipal Board, Abu Road and allow the petitioner Gram Panchayat, Akarabhata to function as a unit of Local self Government within the frame work of the Rajasthan Panchayat Act, 1953.
(2.) THE petitioner No. 1 is a duly constituted Gram Panchayat and has filed this writ petition through its Sarpanch, petitioner No. 2. Petitioner No. 2 and the petitioners No. 3, 4, 5 and 6 are the. Sarpanch and Panchas of the petitioner Gram Panchayat. In the year 1981 a notification was issued by the Government dated 10th August, 1981 which was published in the Rajasthan Gazette dated 20th August, 1981 Part VI Kha. By this notification, the Government expressed its intention to extend the municipal limits of the Municipal Board, Abu Road towards Akarabhata on the northern side. On the aforesaid notice, the objections were invited and the Gram Panchayat raised objections against the inclusion of this area in the municipal limits of the Municipal Board, Abu Road by filing objections in the year 1981. The aforesaid objections were duly considered and the then Collector sent report against the inclusion of this area within the municipal limits' of the Municipal Board, Abu Road. It appears that no further steps were taken up and the villagers of this Gram Panchayat thought that the matter has been given up. After 7 years, the Government again issued a notification dated 28th June, 1988 under Section 4(2) of the Rajasthan Municipalities Act, 1969 (referred to hereinafter as 'the Act of 1959'), by which the limits of the Municipal Board, Abu Road on the northern side which included major area of the petitioner Gram Panchayat and wards No. 1, 2, 3 and 5 were sought to be included within the municipal limits of the Municipal Board, Abu Road. On enquiry, it was revealed that the report was obtained from the Collector Shri Rohit Brandon in January, 1987 that the area may be included in the municipal limits of the Municipal Board, Abu Road. It is submitted that after 1981 till 1987 -88 nO fresh notification was issued inviting the objections whatsoever except the report of the Collector and on the basis of the report of the Collector the objections filed by the villagers were rejected and the notification dated 28th June, 1988 (Annex. 3) was issued. It is this notification dated 28th June, 1988 which is sought to be challenged by this writ petition. A detailed history has been given by the petitioners that on account of some pressure by one group or by other the matter was kept dormant and after some time it was again sought to be re -activised. That is a matter of history and nothing turns on that. The fact remains that the Government has ultimately issued the impugned notification and included some of the area of this Gram Panchayat in the municipal limits of the Municipal Board, Abu Road. Various difficulties have been pointed out like that by inclusion of this area the residents of that area will be deprived of various benefits which are being made available to the tribal areas by the Government of India and the inclusion will not be conducive to public interest. It is submitted that the Scheduled Castes and Scheduled Tribes residents of that area will suffer as the Municipal Board has not been able to provide the same benefits as are being given by the Gram Panchayat. It is also submitted that the delay of six years itself shows that the Government has dropped the proceedings and for fresh initiation of the proceedings the provisions of law were not followed. It is submitted that the objections filed by the villagers are not considered. Looking to all these factors the original note -sheet of the Government was summoned for perusal of the Court on the request of the counsel for the petitioner. The same was produced before this Court for perusal. A reply has also been filed by the Municipal Board, Abu Road as well as by the State Government. It has been pointed out in the reply filed by both the respondents that the matter was never dropped and the matter remained under the consideration of the Government, by some, how it could not be disposed off. The Municipal Board as well as the State Government have raised objection in its reply that the notification was issued in the year 1988 and the writ petition has been filed in the. year 1989. It is also submitted that the Municipal Board, Abu Road has already set up an octroi post in the newly added area and also employed Harijans for sweeping the area and they have also taken a number of steps. The Municipal wards have been divided for election on the basis of that inclusion. Therefore, it is submitted that the delay in this context is fatal. It is also submitted that the matter was never finally disposed off and the matter remained under consideration of the Government, and ultimately the final decision was taken in the year 1988. It is also submitted that the action of the State Government is legislative in character and this Court will not go into all these questions of facts.
(3.) MR . Mridul, learned Counsel appearing for the Municipal Board, in support thereof has invited my attention to a decision of the Hon'ble Supreme Court rendered in the case of Sunderjas Kanyalal Bhatija and Ors. v. The Collector, Thane, Maharashtra and Ors. : [1990]183ITR130(SC) .;