Declaration of Municipal Corporation

Declaration of Municipal Corporation

Haryana Municipal Corporation Act -- Financial Commissioner issued guidelines/criteria for constitution or abolition of any Municipal Corporation in the State -- According to the criteria the population of that area should not be less than 3 lacs; density of the said population should be 400 persons per square kilometer for such census town; the income of the municipal corporation should be sufficient enough to meet out their own establishment charges for salary, provident fund share, pension, gratuity of its employees and other local and mandatory obligations like audit fees, repayment of loans contracted by them etc. and the expenditure on these heads should not be more than 80% of the total income of the municipality -- Guidelines further provides that the residents of Gram Panchayat / Municipal Committee who want to constitute a Municipal Corporation, the Municipality/ Gram Panchayat should pass a resolution to the effect followed by the recommendation of the concerned Divisional Commissioner -- In case the Municipality/ Gram Panchayat does not pass such resolution either in favour or against then the Divisional Commissioner should give his clear cut findings with reasons for constitution of Municipal Corporation in the area -- There is no compliance with these guidelines -- Declaration of the Corporation could be said to be illegal when viewed in the light of these guidelines, which were framed by the Government itself. V.K. Kapoor and others v. State of Haryana and others, 2011(1) L.A.R. 524 (P&H DB).

Haryana Municipal Corporation Act -- For declaring the Municipal Corporation, Section 3 (2) of the 1994 Act required that the Municipality could be declared as Municipal Corporation if its population exceeds 3 lacs. V.K. Kapoor and others v. State of Haryana and others, 2011(1) L.A.R. 524 (P&H DB).

Haryana Municipal Corporation Act -- Gram Panchayat area -- Before the area of Gram Panchayat is included in the Municipal Corporation, the Government by way of official Gazette will have to make a specific notification declaring that this rural area shall be ceased to be the part of the Gram Panchayat. V.K. Kapoor and others v. State of Haryana and others, 2011(1) L.A.R. 524 (P&H DB).

Haryana Municipal Corporation Act -- In the absence of assessment by the authorities, regarding the involvement of 60% of the population of the area in non agricultural activities, such an area could not be added in the Municipal Corporation. V.K. Kapoor and others v. State of Haryana and others, 2011(1) L.A.R. 524 (P&H DB).

Haryana Municipal Corporation Act -- Notification issued to declare the Panchkula Municipal Council as Municipal Corporation after merging Municipal Committees of Pinjore and Kalka and certain villages – (a) The State Government before issuing such notification did not call for any objection by the individuals, councils, institutions or societies of the area or Panchayats or Municipal Committees, (b) Nothing was mentioned; if the cantonment area or the forest area was excluded from its operation. The Municipal Councils were not consulted for altering or adding the area within their respective municipal limits. (c) No draft notification was issued and two notifications by the State Government and the Governor were, directly issued for creation and declaring the Municipal Corporation consisting of the area as referred to in the notification, (d) Though, the area of Gram Panchayats was added, yet, no specific notification for dissolving of the gram panchayats was issued. (e) The notification issued by the Governor of Haryana does not record his subjective satisfaction as to whether it satisfied the guidelines issued by the Government and is in consonance with the provisions of Haryana Municipal Act, 1973, Haryana Municipal Corporation Act, 1994 and Article 246(Q) of the Constitution – Held, to declare certain municipal area as 'Municipal Corporation' is the legislative act, however, no such act could be done in contravention of the laws of the State and procedure as laid down under Section 2-A of the 1973 Act as well as Section 3 (2)(3) of the 1994 Act -- The legislature never intended to give a go bye these provisions while creating a Municipal Corporation by upgrading Municipal Committee and Municipal Council – Notifications are in clear cut contravention of 73rd and 74th amendment of the Constitution so also the guidelines as well as the aforesaid provisions of the 1973 Act and the 1994 Act, therefore, the same are quashed. V.K. Kapoor and others v. State of Haryana and others, 2011(1) L.A.R. 524 (P&H DB).

Haryana Municipal Corporation Act -- Objections – Right of -- Doctrine of natural justice -- Not only 42 Sarpanches of Gram Panchayats are losing their offices and period of their remaining tenure would remain in abeyance -- Developmental work would be stopped -- Similarly, municipal council and three municipal committees would lose their tenure of office before it is completed -- Constitution of Municipal Corporation would result in imposition of more and higher taxes casting additional financial burden on the inhabitants of the area, therefore, it was the requirement of the natural justice and fair play that the population of the Municipal Council and the Committees would have been heard and their objections should have been decided. V.K. Kapoor and others v. State of Haryana and others, 2011(1) L.A.R. 524 (P&H DB).

Haryana Municipal Corporation Act, 1994 -- Gram Panchayat area – Inclusion of 42 Gram Panchayats to declare the Municipal Corporation is, in fact, against the intent of the Constitution itself -- Article 243 (Q) provides for transitional area i.e. from rural to urban area, therefore, the first step for taking the rural area into urban area is by constituting Nagar Panchayat -- State of Haryana, has defined urban area as Municipal Committee – For the purpose of 73rd as well as 74th amendment in the Constitution was to bring maximum participation of the people in the local self government by the rural or semi urban population -- State instead of decentralizing the powers is amalgamating the same in the hands of a few which body would certainly not take so close care which the smaller bodies were doing -- The purpose to introduce the 73rd and 74th amendment was that once the village attains the character which is more urban in nature then the said rural area is to be put in to transitional area i.e. in the present case as a Municipal Committee and the urban character of the said rural area is to be seen from last preceding census wherein non agricultural activities, revenue generated in the local administration etc. are determined -- It is only after a period and after seeing the population of that particular area on the basis of last preceding census that the transitional area is given the second step of being converted into a Municipal Council and then into a Municipal Corporation -- None of the above mandatory provisions of the Constitution as well as the 1973 Act and the 1994 Act have been followed – Notifications are held to be in clear cut contravention of 73rd and 74th amendment of the Constitution – Notifications quashed. V.K. Kapoor and others v. State of Haryana and others, 2011(1) L.A.R. 524 (P&H DB).