This is an archive article published on August 10, 2023
HC to govt: Inform if you will cancel order excluding 2 villages from PMC
Advocate Pralhad Pranjape, representing Raskar, pointed out to the court that the state government notification is illegal and is contrary to the HC judgment on Kalyan-Dombivali in a similar case and therefore the notification for excluding Uruli Devachi and Phursungi villages from PMC should be withdrawn.
Paranjpe said that the state government on consent of Kalyan-Dombivali municipal commissioner had issued the notification on excluding some part out of the civic body limits.
In what could be seen as a setback to the Chief Minister Eknath Shinde-led state government, the Bombay High Court on Wednesday asked it to inform whether it would withdraw its notification to exclude Uruli Devachi and Phursungi villages from the Pune Municipal Corporation (PMC) limits or the court will take a decision on it.
Hearing separate petitions filed by Ranjeet Raskar, BJP leader Ujwal Keskar and some villagers, the bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor said, “As the request of government pleader, the case stands over to August 10 to enable him to seek instructions from the state government as to whether the impugned notification dated March 31 this year can be withdrawn in light of the judgment of the division bench of this court in public interest litigation delivered on December 16, 2020.”
Advocate Pralhad Pranjape, representing Raskar, pointed out to the court that the state government notification is illegal and is contrary to the HC judgment on Kalyan-Dombivali in a similar case and therefore the notification for excluding Uruli Devachi and Phursungi villages from PMC should be withdrawn.
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“The court after hearing the matter has asked the government pleader to take instructions on whether the state government will withdraw the notification issued on March 31 and to inform by Thursday when final order will be pronounced on its basis,” he said, adding they had pleaded that the municipal commissioner’s consent should not be considered as that of the civic body as the elected body is not in place at present and the previous term has ended in 2022.
Paranjpe said that the state government on consent of Kalyan-Dombivali municipal commissioner had issued the notification on excluding some part out of the civic body limits.
AGP M M Pabale said, “The high court has instructed the state government to inform by tomorrow whether it will be withdrawing its notification. We have communicated the same to the authorities concerned and if there is something from state government we will inform the court accordingly or the court will pronounce its order.”
Petitioner Keskar said that the court heard a bunch of petitions challenging the state government notification to exclude Uruli Devachi and Phursungi villages from PMC limits. “The Bombay High Court decision on a similar issue related to Kalyan-Dombivali municipal corporation was pointed to the court in which the state government was directed to withdraw the notification. The state government did not appeal against it in the Supreme Court… Thus, it is on that basis the court has directed the state government to take a decision on its notification based on previous order. It’s our appeal to the state government that they should not play with the interest of the city merely on the wish of a former legislator. They should not make it an issue of prestige and withdraw the notification by tomorrow,” said Keskar.
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Incidentally, former Shiv Sena legislator Vijay Shivtare had convinced the CM to exclude the two villages from PMC saying it was in the interest of the villagers and urged for a separate municipal council for the area. The residents of Uruli Devachi and Phursungi villages were against becoming part of PMC citing increase in property tax and other issues, he had said, adding “the two villages have suffered a lot as the city waste was dumped in open in their jurisdiction. The residents of the villages are against becoming a part of PMC as they feel they will not have development facilities coming up if they are one of the many villages to become part of Pune city.”
The CM made the announcement on excluding the villages from PMC and the state government on March 31 issued a notification to exclude the two villages from PMC limit and constitute a separate municipal council for the area.
Last year, the state government had merged 23 villages in PMC limits based on the directions of the state government. It was noticed that these villages were witnessing rapid urbanisation and unplanned development.
Ajay Jadhav is an Assistant Editor with The Indian Express, Pune. He writes on Infrastructure, Politics, Civic issues, Sustainable Development and related stuff. He is a trekker and a sports enthusiast.
Ajay has written research articles on the Conservancy staff that created a nationwide impact in framing policy to improve the condition of workers handling waste.
Ajay has been consistently writing on politics and infrastructure. He brought to light the lack of basic infrastructure of school and hospital in the hometown of Maharashtra Chief Minister Eknath Shinde even as two private helipads were developed by the leader who mostly commutes from Mumbai to Satara in helicopter.
Ajay has been reporting on sustainable development initiatives that protects the environment while ensuring infrastructure development. ... Read More