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This is an archive article published on April 16, 2013

HC quashes Maya govt notification on Amethi

The Lucknow Bench of the Allahabad High Court has struck down the notification of 2010,issued by the Mayawati government for creation

The Lucknow Bench of the Allahabad High Court has struck down the notification of 2010,issued by the Mayawati government for creation of the new district Chhatraparti Shahuji Maharaj CSM Nagar,now called Amethi.

The order was passed by a Bench of Chief Justice Shiv Kirti Singh and Justice Devendra Kumar Arora on Monday.

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 Naga, 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 during census operations notification under Section 11 of UP Land Revenue Act cannot be issued and if issued shall be invalid and voi. The Bench referred the matter to the Division Bench.

 

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