Nagar Panchayat Mahuadabra vs State Of Uttarakhand & Others

Manoj kumar Tiwari, J

This writ petition has been filed by Nagar Panchayat Mahua Dabra through its Chairman. Petitioner is aggrieved by allotment of a piece of land by

the State Government to Prasar Bharti, Aakashwani & Doordarshan, New Delhi for establishing a Radio Station.

Mr. D.S. Patni, learned Senior Advocate appearing for petitioner submits that the subject land is within limits of Nagar Panchayat and it is vested in

the Nagar Panchayat by a notification dated 28.02.1985 issued under Section 116 of U.P. Municipalities Act, 1916.

The notification dated 28.02.1985 is on record as Annexure-2, which is issued under Section 3(1) of U.P. Town Area Act, 1914. The said

notification provides for territorial limits of Town Area Committee of Mahua Dabra, which is now upgraded as Nagar Panchayat, Mahua Dabra. The

said notification does not provide for vesting of any land in Town Area Committee/Nagar Panchayat.

Even otherwise also, municipality constituted under U.P. Municipalities Act is empowered to manage, control and look after the property belonging

to the State, if entrusted to it, however, State Government continues to be the owner of such property.

Learned Senior Counsel for the petitioner then submits that land in question was earmarked by Nagar Panchayat for developing a shopping complex

in order to provide employment to local unemployed youth. He further submits that Radio Station can be established elsewhere, but the land which has

been allotted to All India Radio is of commercial value, therefore, it would be desirable that a commercial complex is constructed over there.

This Court cannot go into these issues while exercising power under Article 226 of the Constitution. However, having regard to the facts and

circumstances of the case, the writ petition is disposed with liberty to petitioner to make representation to Secretary, Department of Revenue for

allotment of other suitable land for the Radio Station. If such representation is made within two weeks from today, Secretary, Revenue shall consider

the same and take appropriate decision, in accordance with law, within four weeks thereafter.

It is, however, made clear that if All India Radio has already developed the land allotted to it, then Secretary, Revenue shall be under no compulsion

to take decision on petitioner’s representation.