CUTTACK: The Orissa High Court has upheld the state government’s decision to expand the Rourkela Municipal Corporation (RMC) by including several villages from Sundargarh district.
The single judge bench of Justice RK Pattanaik has dismissed two writ petitions that challenged the move as unconstitutional, clearing the way for the urban local body elections in Rourkela, which were last held in 2008.
Though the term of the Rourkela municipality had expired in 2013, the state government had not conducted elections citing a High Court stay order issued on March 26, 2015. The stay was issued on the petitions challenging the notification issued on November 14, 2014, declaring Rourkela municipality as Rourkela Municipal Corporation.
The petitions sought to quash the notification that upgraded Rourkela municipality to a municipal corporation and amalgamated villages such as Jagda, Jhartarang, Brahmani Tarang, Sana Brahmani Tarang, and Gopa Palli, which fall within Scheduled Areas category. The petitioners argued that the move violated Article 243-ZC of the Constitution, the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), and the Forest Rights Act, 2006.
However, in the judgment which was uploaded on April 27, Justice Pattanaik held that the state acted within its legal authority. The Orissa Municipal Act empowers the government to alter municipal boundaries and that Scheduled Areas are not beyond the reach of state legislation, Justice Pattanaik observed, adding that under the Fifth Schedule, such laws remain applicable unless specifically excluded or modified by the Governor.
He further pointed out that necessary amendments had been made to extend municipal laws to Scheduled Areas, and due procedure, including inviting objections from local residents, was followed before issuing the notification. It also took into account that some villages were excluded after public feedback.
Highlighting the region’s transformation, Justice Pattanaik noted, “The reason for the inclusion of the proposed area is on account of it having acquired the urban characteristics over a period of time.”
Justice Pattanaik further said, “...there is a need of balance to be struck in absence of any such law similar to PESA to ensure that there is no erosion of the distinct protection meant for the Schedule Area while giving effect to the urban administration, inasmuch as, an equilibrium shall have to be maintained for the tribal population and evolving governance.”
