HC to hear PIL against demerger of Uruli Devachi, Phursungi on August 10
Bombay HC on Wednesday granted additional government pleader time till August 10 on PIL regarding demerger of Uruli Devachi and Phursungi villages from PMC
PUNE The division bench Bombay High Court on Wednesday granted additional government pleader time till August 10 to enable him to seek instructions from the state government as to whether the impugned notification dated March 31, 2023 can be withdrawn in the light of the judgement of the division bench of the same court in PIL (Sandeep Pandurang Patil versus state of Maharashtra and others) delivered on December 16, 2020.
The decision was announced by division bench of justices Arif S Doctor and Chief Justice Devendra Kumar Upadhyaya during a hearing of PIL filed by Ujjwal Keskar dated August 9.
The Maharashtra government on March 31 issued a notification for the demerger of Uruli Devachi and Phursungi villages from the Pune Municipal Corporation (PMC) while announcing a separate municipal council for them.
The urban development department of the state government notified the demerger of the two villages while announcing the formation of a separate municipal council for them.
Bharatiya Janata Party (BJP) leader Ujjwal Keskar under the banner of ‘Aple Pune’ has raised objections to the state government’s decision to exclude Uruli Devachi and Phursungi villages from the jurisdiction of PMC by filing a PIL.
The petition pointed out that the process of consultation as mandated in section 3(3)(a) of the Maharashtra Municipal Corporation Act, 1949 has not been followed by the urban development department and PMC . The urban development department and PMC never consulted the villagers before issuing a proclamation and draft notification for exclusion of an area from PMC and establishing a new municipal council.
{{/usCountry}}The petition pointed out that the process of consultation as mandated in section 3(3)(a) of the Maharashtra Municipal Corporation Act, 1949 has not been followed by the urban development department and PMC . The urban development department and PMC never consulted the villagers before issuing a proclamation and draft notification for exclusion of an area from PMC and establishing a new municipal council.
{{/usCountry}}The residents of the Fursungi and Uruli Devachi for long have desired to be a part of the PMC and on September 24, 2017, the gram panchayat of Uruli Devachi passed a resolution seeking merger of the village with the civic body.
{{/usCountry}}The residents of the Fursungi and Uruli Devachi for long have desired to be a part of the PMC and on September 24, 2017, the gram panchayat of Uruli Devachi passed a resolution seeking merger of the village with the civic body.
{{/usCountry}}Consequently, on August 4, 2017, 11 revenue villages including the villages of Fursungi and Uruli Devachi were included within the municipal limits of PMC and villages of Fursungi and Uruli Devachi ceased to exist. Therefore, excluding the areas from Pune Municipal Corporation is arbitrary and illegal, the petition added.
{{/usCountry}}Consequently, on August 4, 2017, 11 revenue villages including the villages of Fursungi and Uruli Devachi were included within the municipal limits of PMC and villages of Fursungi and Uruli Devachi ceased to exist. Therefore, excluding the areas from Pune Municipal Corporation is arbitrary and illegal, the petition added.
{{/usCountry}}Keskar said, “The demerger of the two villages by the state government was opposed by us. We had filed a PIL and pointed out that the High Court had given its decision on Kalyan Dombivali Municipal Corporation on demerger of some of its villages. The state government has violated that order and hence the high court has given them time till tomorrow to withdraw the notification failing which the court will issue the order on our plea.”
