HC quashes Maya notification on Amethi

CSM Nagar was created by the previous government via a notification dated July 1,2010,by including Salon and Tiloi tehsils of Rae Bareli district and Amethi,Gauriganj and Musafirkhana tehsils of Sultanpur district. The Samajwadi Party government changed the name of the district from CSM Nagar to Amethi.

Several petitioners,including Brij Kishore Verma and others,had challenged the creation of the new district. “The Government of India had imposed an embargo between January 1,2010 and March 31,2011 on creating any new districts. Hence we had challenged the notification for creation of CSM Nagar,” said Syed Ali Rehan,advocate of one of the petitioners Manoj Kumar Rastogi.

The court clubbed in all petitions and a full bench of Justices Devi Prasad Singh,Shabihul Hasnain and Devendra Kumar Arora decided the matter on September 21,2012. It observed that though the notification for creating the new district by the state government was administrative in nature,it violated the directives issued by the Government of India under Census Rules,1990 and is hence invalid.

The full bench had said that during census operations “notification under Section 11 of UP Land Revenue Act cannot be issued and if issued shall be invalid and void.” The full bench referred the matter to the division bench for adjudication.

The division bench allowed the writ petition and quashed the notification. With the final orders of the divisional bench,the district Amethi ceases to exist,said Bulbul Godiyal,Additional Advocate General of Uttar Pradesh.

“The court has allowed the state government to act in accordance with law and the government can hence issue a fresh notification’’,she said.