Writ Petition No. 7061 of 2015. Case: Rajesh Sharad Mapara and Ors. Vs State of Maharashtra through Secretary, Ruban Development Dept. and Ors.. High Court of Bombay (India)
| Case Number | Writ Petition No. 7061 of 2015 |
| Counsel | For Appellant: Mr. C.G. Gavnekar, Adv. and For Respondents: Mr. Vikas Mali, AGP |
| Judges | Naresh H. Patil & A. A. Sayed, JJ. |
| Issue | Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - Section 341A; Maharashtra Zilla Parishad and Panchayat Samities Act, 1961 - Section 4; Maharashtra Village Panchayat Act, 1958; Constitution of India - Articles 226, 243, 243Q |
| Judgement Date | March 14, 2016 |
| Court | High Court of Bombay (India) |
Judgment:
A. A. Sayed, J.
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Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for the parties.
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By this Petition under Article 226 of the Constitution, the Petitioners have impugned the Notification issued by Respondent No.1-- State of Maharashtra dated 26 June 2015. By the impugned Notification, in exercise of powers conferred under subsections (1), (1A) and (2) of section 341A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as ''the said Act''), the Government of Maharashtra has specified the local area of village Panchayat of Pali in Raigad District to be a transitional area (an area in transition from a rural area to an urban area) and to constitute a Nagar Panchayat by the name Pali Nagar Panchayat for the said transitional area. The Petitioners have also impugned the consequent Notification dated 26 June 2015, appointing Respondent No.3-Tahsildar as Administrator to exercise all powers and duties of Pali Nagar Panchayat till the said Nagar Panchayat is duly constituted.
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The Petitioners are elected members of Gram Panchayat, Pali, established under the provisions of Maharashtra Village Panchayat Act, 1958. According to the Petitioners prior to publication of the impugned final Notification dated 26 June 2015, the procedure prescribed in sub-sections (3), (4) and (5) of section 3 of the said Act as contemplated under sub-section (1B) of section 341A has not been followed. The Petitioners contend that before publication of the impugned final Notification, the draft Notification dated 1 March 2014 ought to have been published by the State of Maharashtra in at least one newspaper circulating in the area to be specified in the final Notification, announcing the intention of the Government to issue the final Notification and inviting objections to the proposal (of specifying the local area of Village Panchayat of Pali as transitional area and constituting Nagar Panchayat) within 30 days from the date of publication. It is asserted that in absence of such draft Notification having been published, the impugned final Notification dated 26 June 2015 is illegal and liable to be set aside.
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On behalf of the Respondents an Affidavit-in-Reply has been filed by Shri Prakash T. Gaud, Joint Secretary, Urban Development Department, Mumbai. It is averred in the said Affidavit that the draft Notification was published on the Notice Board of Gram Panchayat Pali, Tahsil Office, Pali and Collector Office, Alibag, District Raigad. It is stated that the villagers of Pali Gram Panchayat as well as elected members of Pali Gram Panchayat were aware about the intention of the State Government and that after the publication of the draft Notification, the Pali Gram Panchayat had called Gramsabha on 5 July 2014 and unanimously supported the constitution of Nagar Panchayat and nobody raised any objection for constitution of Nagar Panchayat. In para 5 of the Affidavit it is averred that on 26.06.2015 the State Government has issued final Notification in the Official Gazette under sub section 1, 1(A) and 2 of Section 341A of the said Act and under the provisions of clause (a) of sub-section (1) of Section 254 with sub-section (1) of Section 4 of Maharashtra Zilla Parishad and Panchayat Samities Act, 1961 and under the provisions of clause (b) of sub-section (2) of Section 4 of the Maharashtra Village Panchayat Act (Act III of 1959) with clause (g) of Article 243 of Constitution of India, duly published...
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