9911796707
TMI Blog2010 (10) TMI 1184X X X X Extracts X X X X X X X X Extracts X X X X ..... ate. Then by order dated 26.7.2010, the Additional District Magistrate has issued directions to the Executive Officer of the Parishad, Chandpur to the effect that the resolutions passed by the Nagar Palika Parishad in its meeting on 21.7.2010 be not given effect to. Again by order dated 29.7.2010 passed by the Additional District Magistrate, the Nagar Palika Parishad has been restrained from auctioning the shops for certain areas as specified in the said order. Aggrieved by the said orders dated 19.6.2010, 26.7.2010 and 29.7.2010 passed by the Additional District Magistrate, this writ petition has been filed. We have heard Sri Suneet Kumar, learned counsel for the petitioner as well as Sri A.K. Sinha, learned Standing Counsel appearing f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government has directed that except in very special circumstances, the district authorities should not interfere with the day to day functioning of an elected Nagar Palika Parishad. Sri A.K. Sinha, learned Standing Counsel appearing for the respondents, however, states that the said impugned orders have been passed by the Additional District Magistrate on account of the fact that the State Government has been funding the projects, which the Nagar Palika Parishad is to execute and since the same were not being properly executed, the Additional District Magistrate had the power to stop payment of the contracts given by the Nagar Palika Parishad and also to stop the execution of the resolutions passed by the Nagar Palika Parishad. He furthe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e danger to human life, health or safety, or a riot or affray, and may prohibit the doing or continuance by any person of any act, in pursuance of or under cover of such resolution or order. (1-B) The State Government may, on its own motion or on report or complaint received by order prohibit the execution or further execution of a resolution or order passed or made under this or any other enactment by a Municipality or a committee of a Municipality or a Joint Committee or any officer or servant of a Municipality or of a Joint Committee, if in its opinion such resolution or order is prejudicial to the public interest, or has been passed or made in abuse of powers or in flagrant breach of any provision of any law for the time being in f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matter, which may cause obstruction, annoyance or injury to the public or danger to human life, health or safety etc. Even directions to make payment with regard to contract given by the Nagar Palika Parishad or execution of resolutions passed by the Nagar Palika Parishad, which include cleaning of drains and repairing of roads etc. also would not fall in the category of cases enumerated under Section 34 of the Act under which the District Magistrate can invoke the powers under Section 34 of the Act. The Constitution of India as well as the Uttar Pradesh Municipalities Act, 1916 envisage that the Nagar Palika Parishads are to work independently and carry on the functions and duties, which it is obliged in law to perform. Interference by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exercised the power of directing stoppage of payment or staying of the resolutions passed by the Nagar Palika Parishad or stopping them from auctioning the shops, which all powers and duties are within the exclusive domain of the Nagar Palika Parishad. As such, this writ petition deserves to be allowed and is accordingly allowed. The impugned orders dated 19.6.2010, 26.7.2010 and 29.7.2010 passed by the Additional District Magistrate are quashed. However, we may only mention that the State Government or any other authority provided in law shall have liberty to proceed against the petitioner-Nagar Palika Parishad in accordance with law, if, after following the procedure as provided in the Act, it is found that the Nagar Palika Parishad i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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