exercise of the power under the proviso to clause (1)
of Article 243Q of the Constitution of India specifying
the appellant to be an “industrial ... issued notification dated 24.12.2001 under the
proviso to Article 243Q(1)(a) which provision was not
considered in the above mentioned two cases, hence
Constitution 74th Amendment Act of 1992
deals with municipalities. Under Article 243Q which deals with the
constitution of municipalities, it is provided as follows ... 243Q. Constitution of Municipalities-
(1) There shall be constituted in every State -
(a) a Nagar Panchayat (by whatever name called) for a transitional area,
that
states that ―Municipality means an institution of self government
constituted under Article 243Q‖. Further reliance is placed on Section 3 of
the Uttar Pradesh Industrial ... exercise of the powers under the
proviso to clause (1) of Article 243Q of the Constitution of India.
8. GNOIDA therefore argues that
Article 243 Q of the Constitution of India declares as follows:
“243Q. Constitution of Municipalities:- (1)There shall be
constituted in every State ... specify by public notification for the
purposes of this Part.”
4
Article 243Q contemplates the constitution of three different
categories of bodies known
that of the Municipalities Act . The main contentions are the
following: Article 243Q provides constitution of three types of local
bodies, viz. Nagar Panchayat, Municipal ... there is a transition to an urban area, going by Article 243Q , they can be
formed only as a Nagar Panchayat which is envisaged
short) to the
municipal councils and municipal corporations constituted under
Article 243Q (1)(b) and (c) of the Constitution of India and
employing ... persons or class of
such establishments.
Mr. Banerjee further referred to Article 243Q of the
Constitution of India which provides for constitution of
municipalities. Article
High Court found that
no public notification as contemplated under Article 243Q(2) of the
Constitution of India has been produced specifying Gram Panchayat
Roopbas ... area” or “a larger urban
area” means an area specified under Article 243Q of the Constitution
of India;”
7. Article 243Q of the Constitution
Municipality' means an institution of self-government
constituted under Article 243Q , which, inter alia, includes
'nagar panchayat'.
31. The learned advocates submit ... India. They submit and point out,
the Constitution of India under Article 243Q stipulates that
municipal council would be for a 'smaller urban area
self government in non rural areas in the form of
Municipalities. Article 243Q of the Constitution mandates
creation of Municipality in the form ... area.
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WP (C) NO. 5393 of 2007 Page 23 of 32
Article 243Q (2) defines a transitional area, a smaller urban
area and a larger
Constitution
of India providing for constitution of the Municipalities under
Article 243Q inserted in Part-IX-A by the Constitution (Seventy-
fourth Amendment ... Constitution (Seventy-fourth Amendment) Act, 1992 , in
which, Article 243Q provides as follows:-
"243Q. Constitution of Municipalities .- (1) There shall be
constituted in every
