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HC gives nod for merger of adjacent villages


HYDERABAD: Giving the golf green signal to the state executive to have more number of cities and cities by way of merging adjacent villages into its municipal corporations and municipalities, the Telangana top court on Friday pushed aside greater than 120 petitions that challenged such mergers. The state introduced amendments to the Municipal Corporations Act and Municipalities Act one after the other to make sure merger of the villages into the firms and municipalities. Scores of villagers challenged the mergers and wondered the power of the state to amend the Acts to facilitate such mergers.


A bench of Chief Justice T B Radhakrishnan and Justice A Rajasheker Reddy heard the pleas and pronounced the judgement during which it made abundantly clear that the power of the legislature to make regulation or to carry an amendment to a statute is always on a higher pedestal than the power conferred on the governor or the state executive beneath the regulation. In the moment case, the amendments introduced in to the Acts had won the assent of the governor, the bench reminded the petitioners. “State could be very much inside of its legislative competence in making the amendments,” the bench mentioned.


The bench while admitting the truth that Constitution gave special powers and recognition to villages and municipalities thru its 73rd and 74th amendments, alternatively, mentioned that they didn't stay any prohibition on both inclusion or exclusion of the areas into these institutions of local self-governance. Hence, the bench mentioned, the action of the state cannot be held as a violation of Article 14. “Nor did it run counter to the spirit of the 73rd and 74th amendments, especially to the brand new city areas that were introduced in beneath article 243Q (2) of the Constitution of India,” the bench mentioned.


As a ways as the competition regarding de-notification of the gram panchayat as envisaged beneath section 3(F) of the Panchayat Raj Act, 1994, ahead of merging with municipality or municipal company is worried, energy is conferred on the state executive, the bench added.




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