HC quashes notification on Panchkula MC

The judgment assumes significance not only for Panchkula but for all such mergers of councils into corporations made by the Haryana government through the notification dated March 17. Some of them are Karnal,Yamuna Nagar and Ambala. The bench has ruled that the Haryana government did not follow the rules and flouted its own guidelines to convert the council into corporation. Also,the court has held that the 42 villages merged with the corporation was also contrary to rules. The Administration,the Court has ruled,did not comply with the benchmark of population (3 lakhs) laid down for conversion of a council into a corporation.

The bench,during the resumed hearing in March this year,had also raised eyebrows over the “hurry” shown by the Haryana government in issuing the notification.

The directions have been passed on a public interest litigation (PIL) filed by eight municipal councillors of Panchkula,including V K Kapoor and Seema Chaudhary. Notices were issued to the Deputy Commissioner,Ambala and DC Panchkula on the PIL filed by the councillors. Advocate Amit Jhanji,counsel for the petitioners,had brought to the notice of the court that on two occasions,the issue of the notification in question was raised in the High Court. On both the occasions,notices regarding stay (asking the state to explain as to why stay shall not be granted on issuing the notification) were issued. On February 11,a petition was filed by advocate Vijay Bansal raising the apprehension that municipal councils of Pinjore and Kalka are being merged to convert Panchkula Municipal Council into a corporation. Notices regarding stay were issued to the Haryana government on February 11. The case was adjourned for April 5. An application was filed on March 16 by Vijay Bansal that despite notices by the Court,the government is going ahead with the notification.

The PIL filed by the councillors had highlighted a significant issue. The petition read that instructions were issued by the Central government that there should not be any change in the boundaries of administrative blocks after January 1 to March 31,2011 . The petitioners had submitted that despite the clear cut directions of the Centre,Haryana has merged the municipal limits of Pinjore and Kalka into Panchkula. Terming this as illegal and unconstitutional,the councillors had demanded quashing of the notification.