CWP No. 7748 of 1997 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 7748 of 1997 Date of decision:- 10.02.2011 Kuldeep Bhargava, Proprietor M/s Bhargava Optical, Bahora Kalan, District Gurgaon. ......Petitioner Vs State of Haryana and others. ......Respondents CORAM:-HON'BLE MR. JUSTICE RANJAN GOGOI, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Sachin Mittal, Advocate, for the petitioner. Mr. Randhir Singh, Additional Advocate General, Haryana. * * * * RANJAN GOGOI, A.C.J. (ORAL) This PIL has been filed seeking a direction to the respondents to constitute a Municipal Committee in village Bahora Kalan, District Gurgaon, Haryana. In the writ petition filed it has been stated that the population of the village is about 20000 and reasonable amenities like government schools, post office, hospital etc. are located in the village. It is further stated that though some adjoining villages, which are smaller, have got the benefit of Municipal Councils, the village in question has been left out. Hence the writ petition. No written statement had been filed till the date when the matter was taken up for hearing on 01.02.2011. On the said date, in the CWP No. 7748 of 1997 2 course of the hearing a set of guidelines which govern the inclusion/exclusion of areas within a Municipal Council had been laid before the Court. The said guidelines are dated 03.03.2009. Under the said guidelines, inter-alia, it has been provided that the density of population of the area to be included should be at least 400 persons per square kilometer. On the said date of hearing i.e. 01.02.2011 an unexecuted and undated affidavit on behalf of the Deputy Commissioner, Gurgaon was placed before the Court wherein it was stated that due to the following reasons a Municipal Committee cannot be constituted for village Bahora Kalan:- “a) Because of population of village Bahora Kalan is less than 15000. b) Density of the population is below than 400. c) The village Panchayat working at present does not want to constitute a committee and are not ready to pass a resolution in this effect.” As the affidavit filed by the Deputy Commissioner, Gurgaon was undated and unexecuted the Court had asked the Deputy Commissioner to file a proper affidavit explaining the basis on which the conclusion had been reached by him that the total population of the village is less than 15000 and the density is below 400. Pursuant to the said order of the Court dated 01.02.2011, the Deputy Commissioner, Gurgaon, Mr. Rajender Kataria, IAS, has filed an affidavit expressing his regret over the anomalies in the earlier affidavit. In the fresh affidavit dated 04.02.2011 filed by the Deputy CWP No. 7748 of 1997 3 Commissioner, Gurgaon it has been stated that on the basis of the census of the year 2001 and the permissible 25 per cent addition to the population, as on date, the population of the village would be about 17500. In so far as the density of population is concerned, in the affidavit dated 04.02.2011 the Deputy Commissioner has stated as follows:- “As per information received from the revenue official the said village, Bahora Kalan, has 6497 acres of land having the length of 118 acres from North to South and 85 acres land from East to West. The said village, Bahora Kalan, has 12 Dhanis which are living on 285 acres of land approximately. The density of the population is 61.4.” Under the guidelines dated 03.03.2009 the density of population is required to be calculated per square kilometer. The Deputy Commissioner, Gurgaon has not done so. This is despite the specific order of the Court dated 01.02.2011 to the effect that the Deputy Commissioner should furnish the Court the basis on which he had recorded the conclusion that the density of population of the village would be less than 400 as stated in the unexecuted and undated affidavit dated 01.02.2011. The information placed before the Court by the Deputy Commissioner, Gurgaon now in the afffidavit dated 04.02.2011, therefore, is not only incorrect but also has a potential of leading to wrong conclusions on the part of the Court thereby causing prejudice to the parties herein. The office, therefore, is required to register a suo-moto contempt proceeding against the Deputy Commissioner, Gurgaon and CWP No. 7748 of 1997 4 issue notice therein to the said person. The notice is returnable on 19.04.2011. Reverting to the present case, Mr. Randhir Singh, learned Additional Advocate General, Haryana has submitted that on due and proper calculation the density of population in the village will be above 400 per square kilometer. If that be so, there can be no manner of doubt that the village in question satisfies the requirements under the guidelines dated 03.03.2009 and, therefore, would be entitled to consideration for declaration of the area covered by the village as a Municipality under the provisions of the Haryana Municipal Act, 1973. The concerned authority, therefore, would examine the matter and pass appropriate orders therein within a period of 08 weeks from the date of receipt of this order or a certified copy thereof. Writ petition shall stand disposed of in the above terms. (RANJAN GOGOI) ACTING CHIEF JUSTICE (AUGUSTINE GEORGE MASIH) JUDGE 10.02.2011 Amodh