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2018 DIGILAW 1886 (RAJ)

Gram Panchayat Dundlod v. State of Rajasthan

2018-09-10

GOVERDHAN BARDHAR, MOHAMMAD RAFIQ

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JUDGMENT Mohammad Rafiq, J. - This writ petition has been filed by petitioner Gram Panchayat Dundlod, Panchayat Samiti Nawalgarh, District Jhunjhunu, through its Sarpanch Mr. Radhey Shyam Mali, challenging the notification dated 09.08.2010 (Annexure-1) and the subsequent notification dated 23.11.2011 (Annexure-3) issued by respondent no.2 - the Deputy Secretary to the Government of Rajasthan, Urban Development & Housing Department, Jaipur. 2. By the notification dated 09.08.2010 (Annexure-1) issued by the respondent no.2 in exercise of the power conferred under Section 3(1) of the Rajasthan Urban Improvement Act, 1959, the Government appointed the Senior Town Planner, Jaipur Zone, Jaipur, to conduct civic survey on the Master Plan-2031 upon inclusion of seven villages, namely, Jagwali, Ghoriwara Khurd, Ajitpura, Kaseru, Balariya, Dundlod and Pabana, all of which are adjoining Mukundgarh. The second notification dated 23.11.2011 (Annexure-3) has been issued by the respondent no.2 in exercise of the power conferred under Rule 4 of the Rajsthan Urban Improvement (General) Rules, 1962 (for short, 'the Rules of 1962') read with Section 7 of the Act of 1959 approving the Master Plan-2031. The writ petitioner Gram Panchayat, Dundlod, is objecting to inclusion of revenue village Dundlod in the Master Plan-2031. 3. Mr. Rakesh Kumar Sharma, learned counsel for the petitioner, has argued that after publication of the notification dated 09.08.2010, the residents of village Dundlod submitted representation thereagainst to the Government on the premise that the Gram Panchayat Dundlod does not come in the peripheral area of village Mukundgarh. It is also stated that in between the Nagar Palika Mukundgarh and the revenue village Dundlod, the revenue village Pabana of Gram Panchayat Pabana is situated and that would be evident from the map of assembly constituency Nawalgarh-29. The learned counsel in this connection referred to the Map (Annexure-5) of the constituency of Nawalgarh, District Jhunjhunu. In fact, revenue village Pabana and Balria of Gram 4. Panchayat pabana are situated in the periphery of the Nagar Palika Mukundgarh and therefore the area of Gram Panchayat Dundlod does not come within the periphery of the Nagar Palika, Mukundgarh, thus there is no justification for inclusion of the area of Gram Panchayat Dundlod in the periphery of the Nagar Palika Mukundgarh. The Gram Panchayat Dundlod is a big Panchayat having 21 wards and its population is about 14000 and that it has equal number of population as in Mukundgarh with similar amenities. The Gram Panchayat Dundlod is a big Panchayat having 21 wards and its population is about 14000 and that it has equal number of population as in Mukundgarh with similar amenities. The respondents mechanically brushed aside the objections and approved the Master Plan-2031 by notification dated 23.11.2011. 5. The learned counsel for the petitioner submitted that the Gram Panchayat, Dundlod, also passed a resolution objecting its inclusion in the urban area of Nagar Palika, Mudundgarh. Dundlod is a growing village. It has seven Senior Secondary Schools, out of which three are CBSE affiliated and four are BSER affiliated. It has two Degree colleges, two B.Ed. Colleges, 2 Polytechnic colleges and one Engineering College. The Gram Panchayat, Dundlod, prepared the five years plan for development, for which administrative sanction from time to time has been granted by the Rural Development and the Panchayati Raj Department. Some of the orders dated 07.09.2015 and 06.06.2017 have been produced in this behalf on record. 6. It is submitted that the Gram Panchayat, Dundlod, was also included in the yearly plan of the Mahatma Gandhi National Rural Employment Guarantee Act (for short, 'the MGNREGA') with regard to sewage line. The petitioner submitted representation for deletion of Gram Panchayat, Dundlod, from the urban area of Nagar Palika, Mukundgarh. 7. We have given our anxious consideration to the submissions of the learned counsel for the petitioner and perused the material on record. 8. The Map, on which reliance is placed by the learned counsel for the petitioner, indicates the distance of Pabana from the Nagar Palika, Mukundgarh, and thereafter village Dundlod has also been indicated in the village. The petitioner has not indicated anywhere in the pleadings that the distance between Mukundgarh and Dundlod is not so much that it cannot be included within the peripheral area for the purpose of Master Plan-2031. The decision of the Government is based on the survey conducted by the Senior Town Planner as also on the opinion of the Senior Town Planner, Jaipur and on the verification of the ground situation. The decision of the Government is based on the survey conducted by the Senior Town Planner as also on the opinion of the Senior Town Planner, Jaipur and on the verification of the ground situation. The fact that some of the development plans were sanctioned in the MGNREGA, does not mean that it would be appropriate for the respondents to include village Dundlod along-with villages Jatwali, Ghoriwara Khurd, Ajitpura, Kaseru, Balariya and Pabana, all surrounding villages of Mukundgarh and no exception can be taken to inclusion of village Dundlod within the Master Plan-2031 of Mukundgarh. The Master Plan-2031 is always prepared keeping in view the requirements of the future. A copy of the Master Plan- 2031 has been placed on the record. This court cannot substitute the opinion of the respondent State by that of its own to hold that inclusion of village Dundlod in the Master Plan-2031 was not advisable. Moreover, the petitioner has not been able to show any infraction or violation of any statutory provisions contained in Act of 1959 and the Act of 1962. The kind of material that has been placed on record does not disclose the satisfaction arrived at by the respondent that village Mukundgarh ought to be included in the Master Plan-2031 of Mukundgarh. 9. The writ petition, being devoid of merit, is hereby dismissed. Consequent upon dismissal of the writ petition, the stay application, filed therewith, does not survive and the same is also dismissed.