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1 - 4 of 4 (0.23 seconds)Champalal vs The State Of Rajasthan And Ors. on 9 May, 1974
4. Learned advocate Mr. B.A. Surti appearing for the petitioner
submitted that the main grievance of the petitioner is similar to the
grievances raised before this Court in Special Civil Application
no.7002 of 2020 and allied matters and by order dated 6th January,
2021 passed by this Court, this petition was ordered to be heard
with Special Civil Application no.7002 of 2020 and allied matters.
Accordingly, this petition was heard on 11th January, 2021 along
with the aforesaid matters. Learned advocate Mr. Surti submitted
that he adopts the arguments and submissions made in the
aforesaid group of matters by the learned advocates. Reliance was
placed on the decision of the Supreme Court in case of Champalal
Vs. State of Rajasthan and others, reported in 2018 (16) SCC 356 to
submit that as per the provisions of Article 243Q(2) of the
Constitution of India the Governor is not free to notify "AREAS" in
his absolute discretion but is required to fix the parameters
necessary to determine whether particular AREA is a transitional
area or a smaller urban area or a large urban area with due regard
to the factors mentioned in the said article. It was submitted that
the Apex Court has held that the parameters must be uniform for
the entire State and it is only after determination of the
parameters, various municipal bodies contemplated under Article
243Q(1) could be constituted.
Article 226 in Constitution of India [Constitution]
Article 227 in Constitution of India [Constitution]
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