BHAVNATH GROUP GRAM PANCHAYAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 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.

(2.) 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 :- <FRM>JUDGEMENT_800_GLR1_1995.htm</FRM>

(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. <FRM>JUDGEMENT_800_GLR1_19951.htm</FRM>