Rajasthan High Court Halts Inclusion of Girwa’s TSP Villages in Udaipur Municipal Limits
Udaipur, January 15: The much-anticipated plan to expand Udaipur Municipal Corporation (UMC) by incorporating 33 villages and creating 10 new wards has hit a major legal roadblock. The Rajasthan Jodhpur High Court, during a hearing on Wednesday, directed that the delimitation process be paused until further notice, following the state government’s agreement to withhold any further action. The proposal, which aimed to extend Udaipur’s municipal boundaries by 17 kilometers, now faces uncertainty as legal challenges citing constitutional violations have been brought forward.
Legal Issues Surrounding the Notification
The expansion plan, based on a notification dated December 26, 2024, was challenged in court on the grounds of violating constitutional provisions and the Panchayat (Extension to Scheduled Areas) Act, 1996 (PESA Act). The case, titled Mathura Lal vs. State of Rajasthan, was heard by a division bench comprising Justice Dr. Pushpendra Singh Bhati and Justice Munnuri Lakshman.
Senior advocate Abhishek Parikh, representing the petitioners, argued that the inclusion of scheduled and tribal areas in the municipal limits contravenes Article 243ZC of the Indian Constitution. He emphasized that as per the PESA Act, any decision impacting scheduled areas must involve consultation with the Gram Sabhas, which was not done in this case. Parikh also pointed out that the proposed expansion would adversely affect the Tribal Sub-Plan (TSP) reservation, further violating tribal rights.
Key Villages Involved
The notification proposed merging several villages from the Girwa block into UMC, including:
- Balicha
- Bhoyon ki Pancholi
- Dakan Kotda
- Debari
- Kaladwas
- Kanpur
- Savina Khera (Rural)
- Seesaram
- Teetardi
These areas were declared scheduled under the Rajasthan State Scheduled Area Order, 2018, issued on May 19, 2018. According to Parikh, the inclusion of these villages without prior consultation with the Gram Sabhas violates both constitutional provisions and state directives issued in April 2019 by the Department of Local Self Government, which mandated public consultation before such decisions.
Court’s Interim Order
After hearing the arguments, the court issued an interim order, based on an assurance from the Additional Advocate General, directing the state government not to issue any further orders regarding the inclusion of villages from the Girwa block until the next hearing, scheduled for January 17, 2025.
Concerns Over Governance and Public Services
Advocate Parikh highlighted that if the merger proceeds, it would undermine the autonomy of the local tribal governance system guaranteed under the PESA Act. He also noted that the affected villages were already receiving services like road maintenance, sanitation, and water supply through UDA (Udaipur Development Authority) and local panchayats. However, due to lack of proper monitoring, residents have been deprived of consistent services.
Background on Udaipur’s Last Expansion in 1969
Parikh further explained that Udaipur’s last major municipal expansion occurred in 1969, when several areas, including Badgaon, Badi, Bedla, Bhuwana, Sapetia, Shobagpura, and Devali, were incorporated into the city limits. The expansion added a population of 1,05,564 to the municipal jurisdiction, providing them with essential services such as regular sanitation, street lighting, road construction, water supply, and door-to-door waste collection.
According to sources, UMC had submitted a proposal for further delimitation to the state government in 2018, which received approval in July 2024. Subsequently, on December 27, 2024, the district collector sent a detailed report on the areas to be included. Initially, there was a proposal to add 30 new wards, but based on population estimates, only 10 new wards were approved.
