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2022 DIGILAW 964 (KAR)

Kumar Maharajoru v. State of Karnataka

2022-07-27

ALOK ARADHE, S.VISHWAJITH SHETTY

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JUDGMENT 1. The petitioners are residents of Neelanagar village, Bagalkot District and belong to Lambani community which is a notified Tribe. Sometime in 2015-16, Neelanagar village was declared as a Gram Panchayat. The State Government issued a Preliminary Notification dated 05.11.2020 in exercise of powers under Section 349, 351, 355 and 355B of the Karnataka Municipalities Act, 1964 (hereinafter referred to as the 'Act' for short) for declaring the Gram Panchayat area of Shiruru including Neelanagar and Gundanapalle villages of Bagalkot District as transitional area of Shiruru and objections / suggestions were invited. 2. The petitioners thereupon submitted a representation to the Deputy Commissioner, in which, it is inter alia stated that only people belonging to the Tribe namely Lambani reside in the village and they form backward class of the society. It was also pointed out that village is in a hilly area and has a population of 3444 only. Thereafter, a notification dated 22.01.2021 was issued including Gram Panchayat area of Shiruru including Neelanagar and Gundanapalle villages of Bagalkot District as transitional area of Shiruru. The aforesaid Notification has been assailed by the petitioners in this public interest litigation. 3. Learned counsel for the petitioners submitted that majority of the villagers in Neelanagar village are engaged in agricultural operations. It is further submitted that, if the villages of Neelanagar and Gundanapalle are included in transitional area of Shiruru, the public in general will suffer inconvenience. On the other hand, learned Additional Government Advocate has submitted that the Notification dated 22.01.2021 has been issued after considering the objections preferred by the petitioners and in accordance with the procedure prescribed under Section 349 of the Act. 4. We have considered the submissions of both sides and have perused the records. Admittedly, preliminary Notification was issued on 05.11.2020 by which objections were invited. Section 349 deals with specifying the transitional area. The aforesaid provisions reads as under: "349. 4. We have considered the submissions of both sides and have perused the records. Admittedly, preliminary Notification was issued on 05.11.2020 by which objections were invited. Section 349 deals with specifying the transitional area. The aforesaid provisions reads as under: "349. Specifying transitional area.-- (1) the Governor may, having regard to the factors mentioned in clauses (a), (b), (c), (d), (e) and (f) of sub-section (1) of section 3, and subject to the provisions of section 9 specify, by notification, any area to be a transitional area: Provided that no such area shall be so specified as a transitional area unless,-- (a) such area contains a population of not less than ten thousand but less than twenty thousand; (b) the density of population in such area is not less than four hundred inhabitants to one square kilometer of area; (c) the percentage of employment in non- agricultural activities is not less than fifty percent of the total employment: Provided further that if a Taluka Head quarters is situated in such area, the Governor may, specify such area to be a transitional area even though it contains population of less than ten thousand." Thus, the decision to specify a transitional area has to be taken on the criteria prescribed therein. In the instant case, the State Government after considering the criteria prescribed in Section 349(1) has issued the Notification. The relevant extract of the Notification reads as under: "And whereas objections/suggestions received within the stipulated time were considered. Now, therefore, in exercise of the powers conferred by Section 9, 349, 351 and 355(B) of the Karnataka Municipalities Act, 1964, the Hon'ble governor, hereby notify the Grama Panchayats' Area of Shiruru including Neelanagar and Gundanapalle villages of Bagalkot Taluk, Bagalkot District as Transitional area of Shiruru mentioned in Schedule-A along with boundaries mentioned in Schedule-B and further specifying such area to be the "Town Panchayat Area" of Shiruru having regard to: i. The population of such area is not less than ten thousand not more than twenty thousand; 16067 ii. The density of population in such area is not less than four hundred inhabitants to one square kilometer of area; 933 iii. The percentage of employment in non-agricultural activities is not less than fifty percent of the total employment; 54%" 5. The density of population in such area is not less than four hundred inhabitants to one square kilometer of area; 933 iii. The percentage of employment in non-agricultural activities is not less than fifty percent of the total employment; 54%" 5. Thus, it is evident that the Notification has been issued in accordance with the procedure prescribed under Section 349 of the Act. The same does not suffer from any infirmity. By the aforesaid Notification, in fact, the public interest would be served as the residents of the transitional area would be extended the benefit of developmental activities. For the aforementioned reasons, we do not find any merit in the petition, the same fails and is hereby dismissed.