MOHAMMAD RAFIQ, J. - (1.) This writ petition has been filed by petitioner Gram Panchayat Dundlod, Panchayat Samiti Nawalgarh, District Jhunjhunu, through its Sarpanch Mr. Radhey Shyam Mali, challenging the notification dated 09.08.2010 (Annexure-1) and the subsequent notification dated 23.11.2011 (Annexure-3) issued by respondent no.2 - the Deputy Secretary to the Government of Rajasthan, Urban Development and Housing Department, Jaipur.
(2.) By the notification dated 09.08.2010 (Annexure-1) issued by the respondent no.2 in exercise of the power conferred under Section 3(1) of the Rajasthan Urban Improvement Act, 1959, the Government appointed the Senior Town Planner, Jaipur Zone, Jaipur, to conduct civic survey on the Master Plan-2031 upon inclusion of seven villages, namely, Jagwali, Ghoriwara Khurd, Ajitpura, Kaseru, Balariya, Dundlod and Pabana, all of which are adjoining Mukundgarh. The second notification dated 23.11.2011 (Annexure-3) has been issued by the respondent no.2 in exercise of the power conferred under Rule 4 of the Rajsthan Urban Improvement (General) Rules, 1962 (for short, 'the Rules of 1962') read with Section 7 of the Act of 1959 approving the Master Plan-2031. The writ petitioner Gram Panchayat, Dundlod, is objecting to inclusion of revenue village Dundlod in the Master Plan-2031.
(3.) Mr. Rakesh Kumar Sharma, learned counsel for the petitioner, has argued that after publication of the notification dated 09.08.2010, the residents of village Dundlod submitted representation thereagainst to the Government on the premise that the Gram Panchayat Dundlod does not come in the peripheral area of village Mukundgarh. It is also stated that in between the Nagar Palika Mukundgarh and the revenue village Dundlod, the revenue village Pabana of Gram Panchayat Pabana is situated and that would be evident from the map of assembly constituency Nawalgarh-29. The learned counsel in this connection referred to the Map (Annexure-5) of the constituency of Nawalgarh, District Jhunjhunu. In fact, revenue village Pabana and Balria of Gram Panchayat pabana are situated in the periphery of the Nagar Palika Mukundgarh and therefore the area of Gram Panchayat Dundlod does not come within the periphery of the Nagar Palika, Mukundgarh, thus there is no justification for inclusion of the area of Gram Panchayat Dundlod in the periphery of the Nagar Palika Mukundgarh. The Gram Panchayat Dundlod is a big Panchayat having 21 wards and its population is about 14000 and that it has equal number of population as in Mukundgarh with similar amenities. The respondents mechanically brushed aside the objections and approved the Master Plan-2031 by notification dated 23.11.2011.;