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The Supreme Court on Friday issued notices on petitions challenging the Bombay High Court judgment which quashed the Maharashtra Government s notification to exclude 18 villages from Kalyan- Dombivili Municipal Corporation(KDMC).
A bench headed by the Chief Justice of India issued notices on the special leave petitions filed by KDMC and the State Government against the judgment passed by a division bench of the High Court on December 4.
Senior Advocate Dr Abhishek Manu Singhvi, appearing for the Municipal Commissioner of KDMC, submitted that the High Court had taken a pedantic and technical view. He requested the bench for an early returnable date as the municipal elections are due in April 2021.
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As per the petitioners, the exclusion of these 18 villages from civic body limits would result in them not receiving proper facilities like hospitals, fire stations and so on.
The petitioners claimed the government order was unreasonable and irrational and there was procedural impropriety as the government had not adhered to certain statutory provisions which mandated consultation to be taken from the civic body concerned (in this case KDMC).
The HC bench accepted this argument and said, We wonder whether such consistent oblivity to the mandatory requirement of consultation can in the circumstances be regarded as mere carelessness when such an important and sensitive decision was taken affecting lakhs of citizens.