ALLAHABAD HIGH COURT DISMISSED THE PIL CHALLENGING ALTERATION OF THE NAME OF ALLAHABAD TO PRAYAGRAJ
NEWS
High Court of Judicature at Allahabad | Image Source: fb.com/allahabadhighcourt (here) |
Allahabad High Court on Thursday, 26.02.2019, delivered the much-awaited judgment which was reserved on 06.12.2018. A bunch of PILs were filed challenging the State Government decision of changing the name from Allahabad to Prayagraj. The PILs were contended primarily on (i) Challenging the Notification No. 1574/1-5-2018-72/2017-Rev-5 dated 18.10.2018 issued by the State Government in exercise of powers under sub-section (2) of Section 6 of UP Revenue Code, 2006 (UP Act No.8 of 2012) whereby the name of the existing district of "Allahabad" has been altered as the district of "Prayagraj", and for other ancillary reliefs and, (ii) Challenging the resolution dated 18.08.2018 passed by the Municipal Corporation, Allahabad whereby it was resolved to forward a proposal to the State Government for change of the name of Allahabad to Prayagraj.
A bench comprising of Hon'ble Chief Justice Govind Mathur and Hon'ble Justice Dr. Yogendra Kumar Srivastava has dismissed the PIL while observing that renaming of a city is a policy decision of State Government. The Hon'ble Court also observed, " ¶80. Sub-section (2) of Section 6 empowers the State Government to name or alter the name of any revenue area by the issuance of a notification to the said effect."
The judgment of Hon'ble High Court can be summed up in ¶108 and ¶109, "¶108. The petitioners have not been able to place on record any material to demonstrate that the decision taken in this regard by the State Government is wholly unreasonable, arbitrary and is based on irrelevant considerations, or that the same is violative of any constitutional or statutory provision, so as to bring the same within the parameters of the limited scope of judicial review in such matters. There is also nothing on record to demonstrate as to how the larger public interest would be affected by a mere change of name.
¶109. In the conspectus of the aforementioned facts, we are not inclined to exercise our extraordinary jurisdiction under Article 226 of the Constitution of India to interfere in this matter. The writ petitions filed as Public Interest Litigation, which are before us are devoid of merit and are, accordingly, dismissed."
A bench comprising of Hon'ble Chief Justice Govind Mathur and Hon'ble Justice Dr. Yogendra Kumar Srivastava has dismissed the PIL while observing that renaming of a city is a policy decision of State Government. The Hon'ble Court also observed, " ¶80. Sub-section (2) of Section 6 empowers the State Government to name or alter the name of any revenue area by the issuance of a notification to the said effect."
The judgment of Hon'ble High Court can be summed up in ¶108 and ¶109, "¶108. The petitioners have not been able to place on record any material to demonstrate that the decision taken in this regard by the State Government is wholly unreasonable, arbitrary and is based on irrelevant considerations, or that the same is violative of any constitutional or statutory provision, so as to bring the same within the parameters of the limited scope of judicial review in such matters. There is also nothing on record to demonstrate as to how the larger public interest would be affected by a mere change of name.
¶109. In the conspectus of the aforementioned facts, we are not inclined to exercise our extraordinary jurisdiction under Article 226 of the Constitution of India to interfere in this matter. The writ petitions filed as Public Interest Litigation, which are before us are devoid of merit and are, accordingly, dismissed."