After considering the submissions by Mr. Mirza, learned advocate for the petitioners, including the request that the petitioners will make representation to the competent authority, present petition is disposed of with below mentioned observations. 2. It is noticed that in present petition, the petitioners have brought under challenge Notification dated 8.10.2009, after 3 years.
2.1 It is also noticed that the impugned Notification dated 8.10.2009 declares certain policy of the State Government whereby the earlier policy which was in operation has been modified. By now, the modified policy has been in operation since 2009 (i.e. since last 3 years) and Courts ordinarily do not interfere with policy matters/decisions declaring or modifying policy.
3. Mr. Mirza, learned advocate for the petitioners, has submitted that on one hand, for constitution of notified area authority and the industrial estate, lands from the villages of the petitioners were acquired and upon constitution of the notified area authority, the right of petitioners – Panchayat to levy and collect tax has been taken away and is conferred on the notified area authority, as a result of which, the only source of revenue available to the petitioners – Panchayat is taken away and on the other hand, despite the fact that though neither the lands nor right to levy and collect tax duty, etc. of other village panchayats (i.e. those villages who do not fall within the limits of notified area authority) were not and are not hampered or affected in any manner yet they are granted financial benefits from the funds of notified area authority which would curtail the benefits available to the petitioners and therefore, the petitioners are aggrieved by the decision.
4. As mentioned above, the Notification dated 8.10.2009 declares a policy decision regarding the matters falling within the purview of policy making power of the respondent – Government and by the said notification existing policy is partly modified.
5. In view of the submissions and request made on behalf of the petitioners, present petition is disposed of with the clarification and observation that, if the petitioners make a representation to the competent authority, i.e. the respondent No.2 – authority and the respondent No.1 – Government, then, the said respondents (i.e. respondent Nos.2 and 1) will consider such representation and decide the same, as expeditiously as possible, preferably within 12 weeks, after considering the submissions and objections raised by the petitioners.
The respondent Nos.2 and 1 shall convey their decisions to the petitioners.
With the aforesaid observation, clarification and direction, present petition stands disposed of.
Direct service is permitted.
(K.M.Thaker, J.) kdc