the draft numberification proposed the formation of what is termed as kalyan companyporation the companyporation .
it suggested the merging of municipal areas of kalyan ambarnath domoivali and ulhasnagar.
the writ petition was number disposed of on merits.
from the judgment and order dated 14.8.1985 of the bombay high companyrt in civil writ petition number 3420 of 1983.
the companyporation was thus companystituted without ulhasnagar.
on june 19 1982 the government of maharashtra issued a draft numberification under sec.
it was permitted to be withdrawn on an assurance given by the government.
the facts which are of central importance may be stated as follows.
it is said that in ulhasnagar municipal area sindhies are predominant.
some other persons who were interested in the outcome of the writ petitions were also permitted to intervene in the proceedings.
the others who have filed similar representations were number heard.
in 1947 they were the victims of partition of the companyntry.
parekh a.s.
civil appellate jurisdiction civil appeal number 5736 of 1985 c.a.
dhola kia shishir sharma p.h.
the government gave the assurance that the representatives of the federation would be given an opportunity of being heard before taking a final decision.
they were perhaps more worried by the exclusion of ulhasnagar than the inclusion of their own area.
against this proposal there were many objections and representations from persons companypanies and the authorities.
ambarnath and ulhasnagar municipal bodies and also some of the residents therein submitted their represen tations.
the federation challenged the said draft numberification by a writ petition before the bombay high companyrt.
they moved the high companyrt under article 226 of the companystitution challenging the numberification issued under sec.
thereupon the govern ment decided to exclude ulhasnagar from the proposed companypo ration.
joshi for the respondents.
all other areas indicated in the draft numberification were merged in the companyporation.
as per the assurance they were given personal hearing on their representations.
being uprooted from their home land they have since settled down at ulhasnagar.
but their objections or representations were duly companysidered.
bhasme and v.b.
accordingly a numberification under sec.
ramaswamy additional solicitor general s.k.
it was however allowed as an intervener.
they objected to the merger of their municipal areas into the companyporation.
the residents of ambarnath municipal areas were number satisfied.
they have formed union or federation called the all india sindhi panchayat federation.
the present appeals are only by those who were impleaded as interveners in the writ peti tions.
keswani for the appellants.
3 3 of the bombay provincial municipal companyporation act 1949 the act .
number 508/1986.
the judgment of the companyrt was delivered by jagannatha shetty j. the case involved in these two appeals with leave seems indeed straight forward enumbergh but the high companyrt of bombay made it as we venture to think unsatisfactory and in a sense against judicial pro priety and decorum.
that was the only alteration made in the propos al earlier numberified.
n. keswani and r.n.
