NDLI: G H Champa Lal Vs. State of Rajasthan and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Rajasthan Municipalities Act, 2009 (18 of 2009) Constitution of India, Rajasthan Municipalities Act, 1959 (38 of 1959)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Constitution of India: Art.243Q – Interpretation of – Notification dated 6.10.2008 envisaging upgradation of Gram Panchayat of Napasar Village as Nagar Palika (Municipality) – On challenge to the validity of said Notification, the State withdrew it by Notification dated 18.09.2009 – Validity of Notification dated 18.09.2009 challenged – Fresh Notification issued again for establishing a Nagarpalika for the Napasar village – Validity of, challenged – Held: Art.243Q contemplates constitution of three different categories of bodies known as Nagar Panchayat for a transitional area, Municipal Council for a smaller urban areas and Municipal Corporation for a larger urban area – It is declared under Art.243Q(2) that the expressions “a transitional area”, “a smaller urban area” and “a larger urban area” (‘Areas’) would mean such areas as may be specified by the Governor by a public notification for the purpose of Part IX A of the Constitution of India – Art.243Q(2) further obligates the Governor to have due regard to the various factors mentioned therein before specifying the Areas i.e. population of the area, the density of the population, the revenue generated in the area for local administration, percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit – It, therefore, appears from the scheme of Art.243Q(2) that the Governor is not free to notify ‘Areas’ in his absolute discretion but is required to fix the parameters necessary to determine whether a particular Area is a transitional area or a smaller urban area or a larger urban area with due regard to these factors – Such parameters must be uniform for the entire State – It is only after the determination of the parameters, various municipal bodies contemplated under Art.243Q(1) could be constituted – In the absence of any notification which meets the requirements of Art.243Q(2), the entire exercise undertaken by the State of Rajasthan in upgrading the Napasar village Gram Panchayat to be a Nagarpalika is unconstitutional – Therefore, the initial notification dated 6.10.2008 itself is unsustainable and, thus, the legality of various actions which followed that notification and the judgments of the High Court which examined the legality of those actions, need not be examined – All such subsequent action of the State which led to litigation suffer from a fundamental constitutional flaw – The impugned judgments of the High Court rendered without examining the true scope and scheme of Part IXA of the Constitution and more particularly Art.243Q(2) are per incuriam – Rajasthan Municipalities Ordinance, 2008 – s.3(1)(A) – Municipalities
Judge	Hon'ble Mr. Justice Jasti Chelameswar
Neutral Citation	2018 INSC 422
Petitioner	G H Champa Lal
Respondent	State Of Rajasthan And Ors.
SCR	[2018] 5 S.C.R. 628
Judgement Date	2018-04-26
Case Number	4554

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G H Champa Lal Vs. State of Rajasthan and Ors.

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