ODISHA HIGH COURT STAYS INCLUSION OF SCHEDULED AREAS IN PROPOSED ROURKELA MUNICIPAL CORPORATION. PMI NEWS
Cuttack,dated March 27th :In a significant development Hon’ble Odisha High Court stayed the inclusion of Scheduled Areas of Sundargarh district in the proposed Rourkela Municipal Corporation area. It has brought cheers on the face of people protesting the non inclusion of these Grampanchayats in the municipal area limit. People of three GPs are protesting against the move of Odisha government.
According to Naresh Jena, Counsel for the Villagers-Hon’ble High Court ruled of further proceeding in pursuant to notification no 22749 dated 14-11-2014, and No 22752 dated 14-11-2014 of Odisha Gazette notification number 1718 and 1719 dated 14-11-2014 till disposal of the writ petition filed by villagers of two Gram Panchayat Jagada and Jhartarang challenging the said notification as unconstitutional and not in conformity with the provision of article 243-ZC of the Constitution of India as well as Panchayat Extension to Scheduled Area (PESA) Act 1996 and Scheduled Tribes and Traditiona Forest Dwellers(Recognition of Forest) Act 2006.
“It is pertinent to mention here that the constitutional provision relating to Municipality clearly speaks that the same is not applicable to the Schedule Area. In spite of that, the state government violating the constitution provisions and the provisions of PESA Act 1996 declared the merger of the above said 2 GPs in the newly formed Rourkela Municipal Corporation.
Similarly, the FRA Act is yet to be implemented in those areas so there was resentment in the area.”
On behalf of the villagers of two GPs, Advocate Naresh Jena filed two writ petitions, challenging the illegal and unconstitutional action of the state government.
People belonging to the proposed villages to be included in Rourkela Municipal Corporation are spearheading the movement against the Govt notification under the banner of Mula Basinda Sangha.