Case Note & Summary
The petitioners, residents and members of Gram Panchayats of revenue villages Aliyali, Tembhode, Lokmanya Nagar, Vevoor, and Gholveera, filed a writ petition under Article 226 of the Constitution challenging the notification dated 17th September 1998 constituting Palghar Municipal Council. They sought a declaration that the Proclamation dated 14th June 1993 declaring these villages as scheduled areas under the Fifth Schedule of the Constitution was rendered ineffective and that the areas should be deleted from the municipal council limits. The petitioners contended that the inclusion of scheduled areas in a municipal council was illegal and that the earlier proclamation should prevail. The respondents, State of Maharashtra and other authorities, argued that the notification under Section 3 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 was validly issued and that the earlier declaration as scheduled areas did not bar the formation of a municipal council. The court analyzed the provisions of the Municipalities Act and the Bombay Village Panchayat Act, noting that both statutes operate in different fields. The court held that the notification under the Municipalities Act was a valid exercise of power and that there was no inconsistency between the two enactments. The court further observed that the proclamation under the Fifth Schedule does not create any vested right in the residents to remain outside municipal limits. The petition was dismissed, upholding the inclusion of the villages in Palghar Municipal Council.
Headnote
A) Municipal Law - Inclusion of Scheduled Areas in Municipal Limits - Sections 3, 4 of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - Validity of Notification - Petitioners challenged notification constituting Palghar Municipal Council including revenue villages earlier declared as scheduled areas under Fifth Schedule - Court held that the notification under the Municipalities Act is a valid exercise of power and the earlier proclamation does not bar inclusion - The provisions of the Municipalities Act and the Panchayat Act operate in different fields and there is no inconsistency - Petition dismissed (Paras 1-10).
Issue of Consideration
Whether the inclusion of revenue villages declared as scheduled areas under the Fifth Schedule of the Constitution within the limits of a municipal council is valid and whether the earlier proclamation declaring them as scheduled areas becomes ineffective.
Final Decision
The petition is dismissed. The notification dated 17th September 1998 constituting Palghar Municipal Council is upheld. No order as to costs.
Law Points
- Doctrine of implied repeal
- Interpretation of statutes
- Effect of notification under Municipalities Act on scheduled area declaration
Case Details
2005 LawText (BOM) (02) 121
Writ Petition No. 5795 of 1998
A.P. Shah, S.C. Dharmadhikari
Ms. Neeta Karnik for petitioners, Mr. V.A. Thorat, Advocate General with C.R. Sonawane, A.G.P. for respondents
Smt. Sharmila Sharad Mali and Ors.
State of Maharashtra and Ors.
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Nature of Litigation
Writ petition under Article 226 of the Constitution challenging the notification constituting Palghar Municipal Council and seeking deletion of certain revenue villages from its limits.
Remedy Sought
Declaration that Proclamation dated 14th June 1993 is rendered ineffective and inoperative, and a writ of mandamus to delete areas of revenue villages Aliyali, Tembhode, Lokmanya Nagar, Vevoor, and Gholveera from Palghar Municipal Council limits.
Filing Reason
Petitioners, residents of the villages, contended that the villages were declared as scheduled areas under the Fifth Schedule of the Constitution and could not be included in a municipal council without following the procedure for alteration of scheduled areas.
Issues
Whether the notification dated 17th September 1998 constituting Palghar Municipal Council including the revenue villages earlier declared as scheduled areas is valid.
Whether the Proclamation dated 14th June 1993 declaring the villages as scheduled areas is rendered ineffective by the subsequent notification under the Municipalities Act.
Submissions/Arguments
Petitioners argued that the villages were declared as scheduled areas under the Fifth Schedule of the Constitution and could not be included in a municipal council without following the procedure under the Fifth Schedule.
Respondents argued that the notification under Section 3 of the Municipalities Act was validly issued and the earlier declaration as scheduled areas did not bar the formation of a municipal council.
Ratio Decidendi
The notification under Section 3 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 is a valid exercise of power and the earlier proclamation under the Fifth Schedule of the Constitution does not create any vested right or bar the inclusion of scheduled areas within a municipal council. The two enactments operate in different fields and there is no inconsistency.
Judgment Excerpts
This petition under Article 226 of the Constitution of India challenges Notifications dated 17th September 1998 constituting and establishing Palghar Municipal Council.
It is contended by petitioners that Palghar is situate in Thane district on western line.
Procedural History
The petition was filed in 1998 challenging the notification dated 17th September 1998. The court heard the matter and delivered judgment on 21st February 2005.
Acts & Sections
- Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965: 3, 4
- Bombay Village Panchayat Act:
- Constitution of India: Article 226, Fifth Schedule
