IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15856 of 2008 1. THE BALIA LAKHMINIA NO.1 GRAM PANCHAYAT THROUGH ITS MUKHIYA BAUSIA SULTAN MIRDAH TOLI, CHOTI BALIA, P.O. LAKHMINIA, P.S. BALIA, DISTRICT - BEGUSARAI 2. GAUSIA SULTAN WIFE OF SAMSUD JOHA, MUKHIYA GRAM PANCHAYAT BALIA LAKHMINIA NO.1, ADDRESS: AT MIRDAH TOLI, CHOTI BALIA, P.O. LAKHMINIA, P.S. BALIA, DISTRICT BEGUSARAI 3. THE BALIA LAKHMINIA NO.2 GRAM PANCHAYAT, THROUGH ITS MUKHIYA JANKI DEVI, MAULANA CHAK, CHOTI BALIA, P.O. LAKHMINIA P.W., BALIA, DISTRICT GEGUSARAI 4. JANKI DEVI WIFE OF KRISHANA CHOUDHARY 5. THE BALIA LAKHMINIA NO.3 GRAM PANCHYAT THROUGH ITSZ MUKHIYA JINAT, AT CHOTI BALIA,P.O. LAKHMINIA P.W. BALIA, DISTRICT BEGUSARAI 6. JINAT WIFE OF MD. ABUDULLAH, MUKHIYA, GRAM PANCHYAT BALIA LAKHMINIA NO.3 AT CHOTI BALIA, P.O. LAKHMINIA P.S. BALIA, DISTRICT BEGUSARAI 7. THE BALIA LAKHMINIA NO.4 GRAM PANCHAYAT, THROUGH ITS MUKHIYA MAHRUKH, RESIDENT OF VILLAGE + P.O. LAKHMINIA P.S. BALIA, DISTRICT GEGUSARAI 8. MAHRUKH, WIFE OF CHOUDHARY IZHARUL HAQUE, MUKHIYA GRAM PANCHAYAT BALIA LAKHMINIA NO.4 RESIDENT OF VILLAGE + P.O. LAKHMINIA P.S. BALIA DISTRICT- BEGUSARAI 9. YASODA DEVI WIFE OF SRI DHANRAJ YADAV, MEMBER PANCHAYAT SAMITI FROM BALIA LAKHMINIA NO.3, RESIDENT OF VILLAGE +P.O. TULSI TOLA, P.S. BALIA, DISTRICT BEGUSARAI 10. MD. ARSHAD HUSSAN SON OF LATE AMANAT HUSSAIN, PUNCH, GRAM KATCHAHARI BALIA LAKHMINIA NO.4 GRAM PANCHAYAT 11. SHEOJI SAH, SON OF BHIKARI SAH, WARD MEMBER, BALIA Lakhminia no.4 12. VIJAY KUMAR VIJETA, SON OF SITA RAM PASWAN UP-PARMUKH BALIA LAKHMINIA NO.3 GRAM PANACHAYAT , RESIDENT OF VILLAGE JANIPUR NAYA TOLA, CHOTI BALIA, P.O. LAKHMINIA, P.S. BALIA, DISTRICT BEGUSARAI 2 13. MD. NAINE, SON OF SAMSUL HAQUE, WARD MEMBER, BALIA LAKHMINIA NO.3 GRAM PANCHAYAT , RESIDENT OF VILLAGE MAULANA CHAK (MASURACHAK) CHOTI BALIA, P.O. LAKHMINIA, P.S. BALIA, DISTRICT – BEGUSARAI 14. BISUNDEO DAS SON OF LATE NOKHELAL YADAV, WARD MEMBER BALIA LAKHMINIA NO.3 GRAM PANCHAYAT ARESIDENT OF VILLAGE MASURCHAK, CHOTI BALIA, P.O. LAKHMINIA, P.S. BALIA, DISTRICT BEGUSARAI. 15. PRAHLAD YADAV, SON OF LATE KAMO YEADAV, UP-SURPANCH, GRAM KATCHAHARI, BALIA LAKHMINIA NO.3 GRAM PANCHAYAT, RESIDENT OF VILLAGE MASUR CHAK, CHOTI BALIA, P.O. LAKHMINIA, P.S. BALIA, DISTGRICT BEGUSARAI 16. RATAN MALA DEVI WIFE OF SRI AJAY KUMAR MAHTO, MEMBER PANCHAYAT SAMIMIT FROM BALIA LAKHMINIA NO.1 GRAM PANCHAYAT, RESIDENT OF VILLAGE UPARTOLA, CHOTI BALIA, P.O. LAKHMINIA, P.S. BALIA, DISTRICT BEGUSARAI 17. RANJEET CHOUDHARY SON OF SRI RATAN CHOUDHARY, WARD MEMBER, BALIA LAKHMINIA NO.1 GRAM PANCHAYAT 18. MD. AZAD, SON OF SAMSUD JOHA, WARD MEMBER, BALIA LAKHMINIA NO.1 GRAM PANCHAYAT 19. POONAM DEVI WIFE OF SRI BINOD MAHTO, WARD MEMBER, BALIA LAKHMINIA NO.1 GRAM PANCHAYAT, RESIDENT OF VILLAGE – UPARTOLA, CHOTI BALIA, P.O. LAKHMINIA P.S. BALIA, DISTRICT BEGUSARAI 20. RAVAN CHOUDHARY, SON OF SRI SIBU CHOUDHARY, MEMBER PANCHAYAT SAMITI, BALIA LAKHMINIA NO.1 GRAM PANCHAYAT 21. SHANTI DEVI WIFE OF SRI RAJENDRA CHOUDHARY SURPANCH, GRAM KATCHAHARI BALIA LAKHMINIA NO.2 GRAMPANCHAYAT 22. SANTOSH RASTOGI SON OF SRI KRISHANA MOHAN PRASAD RASTOGI, WARD MEMBER, BALIA LAKHMINIA NO.2 GRAM PANCHAYAT 23. MD. IDRISH KHAN SON OF LATE MD. TASLIM, WARD MEMBER, BALIA LAKHMINIA NO.2 GRAM PANCHAYAT 24. MEENA DEVI WIFE OF SRI SUNIL CHOUDHARY, MEMBER BALIA PANCHAYAT SAMITI, BALIA LAKHMINIA NO.2 GRAM PANCHAYAT RESIDENT OF 3 VILLAGE CHAK MOKHAN TOLA, CHOTI BALIA, P.O. LAKHMINIA, P.S. BALIA, DISTRICT BEGUSARAI --------- PETITIONERS Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, BGUSARAI 4. ADDITIONAL COLLECTOR, REVENUE, BEGUSARAI 5. SUB-DIVISIONAL OFFICER, BALIA SUB-DIVISION, BALIA, BEGUSARAI 6. THE CIRCLE OFFICER-CUM-BLOCK DEVELOPMENT OFFICER, BALIA CIRCLE/BALIA BLOCK, BALIA, BEGUSARAI 7. SRI BHOLA SINGH SON OF NAME NOT KNOWN TO THE PETITIONERS, MLA FROM BEGUSARAI ASSEMBLY CONSTITUENCY AND PRESENTLY URBAN DEVELOPMENT MINISTER, GOVERNMENT OF BIHAR, PATNA ----------- RESPONDENTS ----------- For the petitioners: Mr.Ashutosh Ranjan Pandey, Mr. Ramanuj Tiwary, Advocates For the respondents : Mr. Lalit Kishore, AAG - III --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 12th November, 2008 By means of this writ petition which has been filed in the nature of public interest litigation, the petitioners have assailed the declaration (notification) dated 24th September, 2008 issued in exercise of the power under section 3(1) (c) of the Bihar Municipal Act, 2007 for creation of Balia Nagar Panchayat. Diverse grounds 4 have been set up in challenging the said notification including the ground that the entire exercise is being done at the behest and instance of Mr. Bhola Singh, who is MLA from Begusarai Assembly Constituency and is presently the Urban Development Minister, Government of Bihar, Patna. 2. Section 3 of the Bihar Municipal Act, 2007 provides for declaration to be made to constitute a municipal area. It reads thus: “3. Declaration of intention to constitute a municipal area.-(1) The Governor may, after making such inquiry as he may deem fit, and having regard to the population of any urban area, density of population there in, the revenue generated for the local administration of such area, the percentage of employment in non-agriculture activities in such area, the economic importance of such area, and such other factors as may be prescribed, by notification, declare his intention to specify such area to be a larger urban area, or a medium urban area, or a transitional area: a) in the case of a larger urban area, is two lacs of more, b) in the case of medium urban area, is forty thousand or more but is less than, two lacs, and c) in the case of a transitional area, that is a small town, is twelve thousand and more but not more than forty thousand: Provided further that the non-agriculture population in all cases shall be seventy five per cent or more. Explanation- “revenue generated for the local administration” shall not include- (a) taxes, if any, distributed to the Municipality by the State Government. (b) Loans and grants from the State Government, and (c) Loans and grants from the Central Government or institution or other source. (2) The State Government shall, by notification, declare an area specified as- (i) a larger urban area to be a city, (ii) a medium urban area to be a town, and 5 (iii) a small town or transitional area to be a Nagar Panchayat or urban growth centre. (3) Notwithstanding anything contained in sub- section (1) State Government may, by notification, determine separate conditions, constitute any hill area, pilgrim centre, tourist centre or mandi to as a municipal area.” 3. The declaration of intention made under section 3 has to be published in the official gazette as well as two daily newspapers, at least one of which is required to be in vernacular and other modes as provided in section 4 of the Act 2007. Section 4 provides for publication of declaration that reads thus: “4. Publication of declaration.(1) The notification about the constitution of a municipal area shall be published in the Official Gazette and in at least two leading newspapers, at least one of which shall be in vernacular intelligible to the inhabitants of the local area concerned. (2) A copy of the notification shall also be pasted at a conspicuous place in the office of the Collector of the district and, where there is a Municipality, also in the office of the Municipality and in such other public places as the State Government may direct. (3) public proclamation about the constitution of a municipal area shall be made either by beating of drum throughout the local area concerned or through any other publicity media.” 4. Upon publication of declaration of intention in diverse modes as set out in section 4, any inhabitant of the city town or Nagar Panchayat in respect of which notification has been published under section 4 may file his objections in writing as 6 provided in section 5 of the Act, 2007. Section 5 is thus: “5.Consideration of objection.- Any inhabitant of the city, town or Nagar Panchayat in respect of which a notification has been published under section 4 may, if he objects to anything contained in the notification and submits his objection in writing to the State Government within one month from the date of its publication, the State Government shall take such objection into consideration.” 5. Section 6 makes a provision for constitution of municipal area by the State government after following the process provided under sections 3,4 & 5. 6. It would be, thus, seen that sections 3,4,5 & 6 provide complete mechanism and the process to be followed for constitution of municipal area. 7. At this stage, therefore, the grievance of the petitioners appears to us to be premature. The process for creation of Balia Nagar Panchayat is at threshold and only declaration of intention has been made and published. All affected parties are entitled to file objections to the declaration of intention under section 5 and the decision shall be taken by the State government after consideration of such objections. It is obvious that if decision taken by the State government is found to be de hors the provisions of law or otherwise illegal, it is always open to the petitioners to assail such decision in an appropriate proceeding at an appropriate time. 7 8. Writ petition, accordingly, does not deserve to be admitted. It is disposed of. R.M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/-