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Judgment
The short question that arises for consideration is as to whether the Administrator, Nagar Palika, Maunath Bhaujan has power to define the limits of Municipal Board Mauna''s Bhanjan by including the area within the limits of Municipal Board.
A perusal of Section 3 of the Act would show that is is only the State Government which has power to define the limits of municipality by including or excluding any area in or from the Municipality. Section 4 further provides that while including or excluding any area in or from any (sic) the procedure u/s 4 has to be gone through.
In the present case the Administrator/Official incharge passed a special resolution including area mentioned in Schedule I. Thereafter the Administrator, Nagar Palika, Maunath Bhanjao issued a notification on the basis of the resolution passed on 11-5-94 including areas mentioned in Schedule I within the limits of the Municipal Board, Maunath Bhanjan. The said notification was published in a daily ''Purwanchal Sandesh'' in its issue dated 2-5-94. The notification further states that this inclusion is for the notice of inhabitants of the area which has been included in the Municipal Board.
After hearing learned Counsel for the parties, we are of the opinion that issuance of notification by including areas within the limits of Municipal Board, Maunath Bhanjan has no sanction of law.
In fact, the Administrator of the Board does not posses such power. It is only the State Government which has power to define the limits of a Municipal Board by including new areas.
In view of what has been stated above, the present petition succeeds and is allowed. The Impugned notification and the special resolution dated 11-5-94 published In ''Purwanchal Sandesh'' In its Issue dated 2-6-94 is quashed.