Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | State Government-Notifications-Declaring territorial area and establishment of Gram Sabha |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | State Government-Notifications-Declaring territorial area and establishment of Gram Sabha-Residents-Exclusion of area from a Gram Sabha and inclusion in another-Duty of Government to provide opportunity of hearing to residents-Held, establishment and constitution of Gram Sabha is a legislative Act-No opportunity of hearing was required to be given by Government-Notifications held valid. Legislative Acts-Applicability of principles of natural justice.The Government of Punjab issued a Notification dated 24.10.1997 under Section 3 of the Punjab Panchayati Raj Act, 1994. Under the said Notification the Government declared the territorial area of Gram Sabha Khanpur comprising of abadi portions of Village Wazidpur and villages Khanpur and Harijan Colony. By another Notification of the same date, the Government declared the establishment of Gram Sabha, Khanpur under Section 4 of the Act. The Government also constituted Gram Panchayat for the Gram Sabha, Khanpur. Respondent No. 1, Sarpanch of Gram Sabha, Wazidpur and Respondent No. 2, Member of the Gram Panchayat, Wazidpur filed a writ petition under Article 226 of the Constitution challenging the validity of the Notifications dated 24.10.1997 contending that (i) no opportunity of hearing having been afforded before declaring the territorial area of village Khanpur in as much as before establishing Gram Sabha Khanpur, the Notifications were invalid; (ii) the locality-Harijan Colony not being contiguous to village Khanpur, the said locality could not have been included in Gram Sabha, Khanpur and (iii) the Notifications under Sections 3 and 4 of the Act could not have been issued simultaneously and, therefore, they were invalid. The writ petition was allowed by the High Court and the impugned Notifications to the extent it related to the Gram Sabha, Khanpur were set aside. Against the judgment of the High Court State of Punjab preferred appeal before this Court. Following questions arose for consideration in this appeal:- (1) Whether the State Government was required to give an opportunity of hearing to the residents of the area excluded from Gram Sabha, Wazidpur and now included in the Gram Sabha, Khanpur before issuing Notifications under Sections 3 and 4 of Act, respectively declaring territorial area of Gram Sabha, Khanpur and establishing Gram Sabha, Khanpur; (2) Whether the Notifications under Sections 3 and 4 of the Act could be issued simultaneously; and (3) Whether the Harijan Colony being not contiguous to the village Khanpur it could not have been included in Gram Sabha, Khanpur under Section 3(ii) of the Act. |
Judge | Honble Mr. Justice V.N. Khare |
Neutral Citation | 2002 INSC 3 |
Petitioner | State Of Punjab |
Respondent | Tehal Singh And Ors. |
SCR | [2002] 1 S.C.R. 27 |
Judgement Date | 2002-01-07 |
Case Number | 5826 |
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