Bhavnath Group Gram Panchayat and Another vs State of Gujarat and Others

R.K. Abichandani, J.—The petitioner No. 1 Gram Panchayat and its Deputy Sarpanch who is petitioner No. 2 have prayed for a direction on the respondent State and its officials to vest the areas in question including the Bhavnath area admeasuring 57 acres in the petitioner-Panchayat.

Petitioner No. 1 is a Group Gram Panchayat constituted under the provisions of the Gujarat Panchayats Act, 1961 (hereinafter referred to as "the said Act"). It appears that in exercise of the powers delegated to the Development Commissioner by the Government Notification dated 13th June 1963 read with Government Notification dated 5th May, 1964 the Development Commissioner issued Notification dated 5th August, 1976 declaring as a new Gram the local area shown in column 3 of the Schedule to that Notification which is referred to by both the sides from the judgment delivered by this Court on 25/16-6-1986 in Special Civil Application No. 1818 of 1979 by the Hon''ble Mr. Justice A.M. Ahmadi (as he then was) and which Schedule reads as under:

SCHEDULE ----------------------------------------------------------------------- Sr. Taluka Local Population Name of Gram Area included in the No. area framed Gram shown in col. 5 ------------------------------------------------------------------------ 1. Junagadh 1. Bhavnath 787 Bhavnath 1. Bhavnath (Area (Area inclusive Gram Panchayat inclusive of of Ashok Shilalekh Ashok Shilalekh to Bhavnath Taleti and to Bhavnath Girnar Parikrama area) Taleti and Girnar Parikrama area) 2. Boriyo 24 2. Boriyo 3. Surajkund 20 3. Surajkund 4. Rupayatan 150 4. Rupayatan --------------------------------------------------------------------- 3. Thereafter, a corrigendum was issued on 1st September, 1978 cancelling the original Schedule and substituting it by the following Schedule which is annexed to this petition.

------------------------------------------------------------------------ Sr. Taluka Local Population Name of Gram Area included in the No. area framed Gram shown in col. 5 ------------------------------------------------------------------------- 1. Junagadh 1. Area from Ashok 577 Bhavnath 1. Area inclusive of Shilalekh to Ashok Shilalekh Bhavnath Taleti to Bhavnath Taleti 2. 2. Girnar Hills and 150 Girnar Parikrama area 3. Bordevi 24 2. Girnar Hills and Parikrama area 4.Surajkund 3. Bordevi 4. Surajkund 4. In the Special Civil Application No. 1818 of 1979 this Court had set aside the corrigendum in so far as it related to the area known as Girnar Hills on the ground that such inclusion was not in conformity with Section 9(1) of the said Act. Thus, only to that limited extent the corrigendum came to be set aside. In the present petition the claim of the petitioner Panchayat is for vesting certain areas including the Bhavnath area admeasuring 57 acres in the Panchayat under the provisions of Section 96 of the said Act. That aspect of the matter is totally different from the subject-matter of Special Civil Application No. 1818 of 1979 decided on 25/16-6-1986.

Of the notified areas, the said land of 57 acres originally belonged to the Forest Department but later admittedly came to be transferred to the Revenue Department of the respondent-State. The change entry came to be effected in village form No. 6 in March, 1975. The petitioner-Panchayat moved the respondents to formally vest Bhavnath village including Bhavnath (Taleti) areas in the Panchayat and also to vest other areas by issuing appropriate notification under the provisions of Section 96 of the Act. According to the petitioner-Panchayat, since Bhavnath Taleti area admeasuring 57 acres has not been vested in the Panchayat though applications were made to the Collector as well as the State, the Panchayat was unable to undertake development work in the village. By letter dated 18th September, 1982 at Annexure "D" to the petition, the office of the Collector informed the Sarpanch of the petitioner-Panchayat that the application dated 18th July, 1979 which was for including 57 acres in the village site, was rejected.

u/s 96 of the said Act, the State Government may subject to such conditions and restrictions as it may think fit to impose, vest in a Panchayat, any property referred to therein, in the Gram or Nagar as the case may be, vested in the Government. Admittedly the disputed area of 57 acres is vested in the Government. It appears that the petitioner Panchayat demanded that said area be vested in it under the provisions of Section 96 along with other properties. The question of vesting properties of the Government in the Panchayat u/s 96(1) is different from the question of including an area in a village site. The letter at Annexure "D" dated 18th September, 1982 refers to the question of inclusion of the area in the village site and does not deal with the demand of the petitioner Panchayat for considering the question of vesting of certain properties in the Panchayat under the provisions of Section 96(1) of the Act. It would be for the Government to consider and decide as to what properties of the nature included in Section 96(1) of the said Act should be vested by it in the Panchayat.

It appears that the respondents have not considered the question of vesting of the properties u/s 96(1) on the basis of the demands made by the petitioner-Panchayat and the communication dated 18th September, 1982, which refers to the Government not accepting the request for inclusion of the said 57 acres of land within the village site, is quite different from considering and deciding the question of vesting property in the Panchayat u/s 96(1).

Under the above circumstances, the concerned respondent authorities are directed to consider the demand of the petitioner-Panchayat regarding vesting of the properties including 57 acres of the Bhavnath area and take appropriate decision in accordance with law as expeditiously as possible. Rule made absolute accordingly with no order as to costs.