BALDEV SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is by special leave. The appellants are residents of four villages being Bhota, Hatera, Morsu Garla and Dhamani Chambala within Hamirpur District of Himachal Pradesh. These villages are inhabited by agriculturists and have rural set-up. They used to be parts of Gram Panchayats duly constituted under the relevant statute prevalent within the State. An attempt was made to constitute a notified area as provided under S. 256 of the Himachal Pradesh Municipal Act, 1968 by including portions of these four villages for such purpose. Initially the Sub Divisional Officer of the area reported against such a move by saying that the villages were inhabited by agriculturists, the population was small, panchayats were already functioning in the area and there was not sufficient non-agricultural activity in the area which would justify these villages to come under a notified area but later the State Government decided to constitute a notified area within the meaning of S. 256 of the Act and on 31-3-1982 such a notification was published. Petitioners thereupon challenged the validity of the notification by filing an application under Art. 226 of the Constitution before the High Court. That application has been summarily dismissed and thereupon with leave from this Court, the present appeal has been filed.

(2.) Several affidavits have been filed on either side in support of the respective stands. There cannot be any serious dispute to the proposition that whether a particular area would be declared as notified area or not under the Act is ultimately an administrative decision. Section 256 of the Himachal Act provides:-

(3.) We had called for the record dealing with the constitution of this notified area and after Mr. Thakur, learned counsel for the State, produced the record, counsel for the appellants was given inspection thereof. We have also seen some of the papers in that record. There does not appear to have been consideration of the requirements indicated in S. 256 of the Act for finding out whether the portions of these villages should have been constituted into a notified area.