THE HIMACHAL HIGH COURT HAS REVOKED AND VOID THE NOTIFICATION ON THE ESTABLISHMENT OF NAGAR PANCHAYAT ANI

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Vijyender Sharma/Shimla

The High Court of Himachal Pradesh rescinded and rescinded the notification dated 27.10.2020, issued by the State Government, by which the establishment of Nagar Panchayat, Ani, was notified apart from the different tax areas of panchayats neighbors.

A divisional bench consisting of Justice Tarlok Singh Chauhan and Justice Virender Singh found that the notification clearly violated the provisions of Himachal Pradesh municipal law. The orders were conveyed on a petition filed by the people of different villages of Anni Tehsil, who were affected by the establishment of Nagar Panchayat Ani.

The Claimants alleged that the Respondents illegally created Nagar Panchayat, Ani, by suppressing the villages of GP Bakhnao, Ani, Karana, Kungas and Namhog. The Claimant contended that the Deputy Commissioner, Kullu, on his own initiative and in the absence of any resolution on behalf of one of the panchayats for the establishment of Nagar Panchayat, Ani, recommended the matter to the Director of Urban Development , which in turn issued a notification. dated 25.08.2020, whereby a proposal was made for the constitution of the Nagar Panchayat, Nirmand, consisting of areas of the aforementioned Gram Panchayats. Although at the end of the notification, it was mentioned that it was proposed to create Nagar Panchayat for Ani.

The Claimants alleged that the Respondents illegally created Nagar Panchayat, Ani, by suppressing the villages of GP Bakhnao, Ani, Karana, Kungas and Namhog. The petitioner maintained that the Deputy Commissioner, Kullu, on his own initiative and in the absence of any resolution on behalf of one of the panchayats for the establishment of Nagar Panchayat, Ani, had recommended the matter to the Director of Urban Development , which in turn issued a notification. dated 25.08.2020, whereby a proposal was made for the constitution of the Nagar Panchayat, Nirmand, consisting of areas of the aforementioned Gram Panchayats. Although at the end of the notification, it was mentioned that it was proposed to create Nagar Panchayat for Ani.

Regarding notification, objections/suggestions were invited to be filed within six weeks. Various objections were filed, but, according to the petitioners, they were not taken into account and the final notification dated 27.10.2020, regarding the establishment of Nagar Panchayat, Ani, was issued, which, according to them, is illegal because there was no compliance of the mandatory provisions of the municipal law of Himachal Pradesh.

It was further claimed that additional areas were taken for the creation of Nagar Panchayat, Ani in the final notification. In the absence of any proposal in the notification, these areas could not be removed from the respective Gram Panchayats to be included in the Nagar Panchayat Ani.

Respondents opposed the petition and argued that the proposal as submitted meets the requirements of the law, more specifically the legal proposals and the conditions for the formation of the Nagar Panchayat. Objections/suggestions and justified requests were taken into consideration and a populated commercial area was included in this newly formed Nagar Panchayat.

However, during the hearing, the Court observed that the state government is required to issue a notice by which it proposes that any local area be a municipal area under the municipal law of Himachal Pradesh. The purpose of the notification thus issued is to define the limits of the local area to which it relates. In the event that an additional area is to be included, the procedure prescribed in the law must be followed by the state.

Going through the file, the Court found that proper procedure was not followed at all and that additional areas were included in the creation of Gram Panchayat, Ani, which is clearly in violation of the provisions of the municipal law of Himachal Pradesh. Therefore, the notification dated 27.10.2020, issued by the state government, notifying the establishment of Nagar Panchayat, Ani, has been rescinded and cancelled.

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