Judgement of the High Court of Uttarakhand regarding declaration of rural self governing institutions like gram panchayat to an urban local body by converting it into a Nagar Panchayat, 14/05/2018
Judgement of the High Court of Uttarakhand in the matter of Gram Sabha Mawakot & Others Vs State of Uttarakhand & Others dated 14/05/2018 regarding declaration of rural self governing institutions like "gram panchayat" to an urban local body, by converting it into a "Nagar Panchayat". The main matter relates to notification issued on 05.04.2018 by which 73 villages were proposed to be included in the Nagar Palika Kotdwar.
High Court declares that the power to define an urban area, in its various forms, is a discretionary power of the Governor and that the notifications dated 05.04.2018 have not been issued by the authority empowered under the law. The notifications under Article 243Q of the Constitution of India read with Sections 3 & 4 of the U.P. Municipalities Act are the notifications, which have to be issued by none other than the Governor, in his discretionary powers. Since this has not been done, the notifications do not have the validity of law.