High court sets aside Himachal government notification declaring Anni a nagar panchayat
The division bench comprising Justice Tarlok Singh Chauhan and Justice Virender Singh found the notification in clear violation of the provisions of the Himachal Pradesh municipal Act. The orders came on a petition filed by affected residents of different villages of Anni tehsil in Kullu.
Himachal Pradesh high court (HC) has set aside the state government’s notification declaring Ani a nagar panchayat.
The division bench comprising Justice Tarlok Singh Chauhan and Justice Virender Singh found the notification in clear violation of the provisions of the Himachal Pradesh municipal Act. The orders came on a petition filed by affected residents of different villages of Anni tehsil in Kullu.
The petitioners alleged that respondents have illegally created Nagar Panchayat, Anni, including villages from GP Bakhnao, Anni, Karana, Kungas, and Namhog. The petitioner contended that the Kullu deputy commissioner did not consult the villagers and forwarded the matter on his own.
After the notification was issued, objections and suggestions were invited from the villagers adjoining Ani. The court observed that the notification issued on October 2020 did not comply with mandatory provisions of the Himachal Pradesh Municipal Act and termed it illegal.
It was further contended that additional areas have been taken for creation of Nagar Panchayat, Anni, in the final notification. In the absence of any proposal in the notification, these areas could not be taken out of respective gram panchayats for inclusion in the Anni nagar panchayat.
The respondents opposed the petition and contended that the proposal as submitted fulfilled the requirement of law, more particularly, the legal propositions and conditions for the formation of the Nagar Panchayat. The objections/suggestions and justified demands were taken into consideration and some populated commercial area was included in this newly formed nagar panchayat.
However, during the course of the hearing, the court observed that the state government is required to issue a notification whereby it proposes any local area to be a municipal area under the Himachal Pradesh Municipal Act. The notification so issued is to define the limits of the local area to which it relates. In case, the further area is to be included, then procedure, as prescribed in the Act, is required to be followed by the State.
