BHALOD GRAM PANCHAYAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The short question whicharises for consideration this petition is whether the State Government can exercise Power conferred upon ii by sec. 7A of the Busboy Land Revenue Code (hereinafter referred to as the Code) to alter or to add to the limits of a village which has the effect of altering the geographical limits of a gram Panchayat without following the procedure: outlined in sec. 9(1) of the Gujarat Panchayat Act 1961 (hereinafter the procedure the Act). The short facts leading to this Irritation are as under.

(2.) Until 1970 Bhalod Rule and Pranked villages formed part of on. group gram panchayat. On 5th/ 6/08/1968 river Narbada was in spate and certain low lying areas of Bhalod and Tothidra villages were submerged necessitating the rehabilitation of 207 affected families on Survey Nos. 533. 534 and 535 of village Rundh. As Survey No. 535 was Gauchar land it was surrendared to Government to enable its merger in the village site of Rundh. Subse quently in February 197G the Collector of Broach allotted plots admeasuring 183 square yards to 101 affected families on their surrendering their right title and interest in their previous holdings. On the trifurcation of the group gram panchayat in 1970 Here separate gram Panchayat for villages Bhalod Rundh and Pranked came into existence. Once again in 1970 Bhalod faced floods rendering several families homeless. Under the rehabilitation programme under taken by the authorities on this occasion the flood affected families were settled on Survey Nos. 539 540 546 to 551 and 316 of Rundh village which were acquired by the Government for rehabilitating these families. The petitioners aver that the names of these rehabilitated purpose were included in the voters list prepared for village Rundh under the Representation of the people Act and they voted as such at the election I of Rundh Gram Panchayat and one of them Shri Ratnabhai came to be elected as a member of the Rudh Gram Panchayat. Thus. according to the petitioners the poisons rehabilitated. in Rundh village became yes dents are voters of the village and exercised their franchise accordingly. The Rundh Gram Panchayat also passed a Resolution at its special meeting held on 16/05/1971 that these rehabilitated persons should be sub ject to the judicial of the Rundh Gram Panchayat. However by a subquent resolution passed by the Rundh Gram Panchayat. on 4/10/1975 it expressed the view that the flood affected people of Bhalod village rehabilitate ed on Rundh village Elite should be included in the Rundh Gram Panchayat on condition treat a proportionate revenue grant in respect of the rehabilitated people is allocated to it. Thereupon the Bhalod Gram Panchayat passed a resolution by majority dated 3/10/1975 that the flood affected persons resolution by majority Rundh village in 1970 should be included within the Bhalod Gram Panchayat. Four member of the panchayat were however of the view that a back reference ought to be made to the Taluka-Panchayat for seeking explanation of certain matters before taking a final decision. However the Executive Committee of the Broach District Panchayat at its meeting held on 27/10/1975 resolved that the families rehabilitated in Rundh village in 1968 and 1970 should the treated as earth of Rundh. Gram Panchayat and a recommendation to that effect be made to the Government Pursuant to the said resolution the Mamlatdar Jhagadia passed-an order dated 14/06/1976 including the rehabilitated persons in the porter list of Rundh village for all proposes including hat of election. Accordingly the members of these flood affected families rehabilitated in the local area of Rundh village voted in the Taluka Panchayat elections. Legislative Assembly elections and Parliament elections as belonging to Rundh village. It will be seen from the above facts that for all practical propose the rehabilitated families formed part of the Rundh village populace

(3.) In connection with the Resolution passed by the Bhalod village panchayat on 3/10/1975 the Collector of Branch addressed a matter dated 30/08/1977 to the Sarpanch of Bhalod gram panchayat that the said resolution was ambiguous and called upon the Panchayat of pass another resolution for the conclusion of areas of Rundh on which the food affected families were rehabilitated into the local area of Bhalod. The Bhalod Gram Panchayat considered the letter at its meeting of 20/09/1977 but it did not favour the merger of the already on the of Rundh on which the flood affected families were settled into the local area of Bhalod. One member of the Bhalod Gram Panchayat preferred an appeal against the said resolution to the stayed the operation of the said resolution. The appeal was ultimately dismissed the other hand the Rundh Gram Panchayat hand at it smoothing of 7/04/1976 resolved that the revenue survey numbers on which the flood affected families were settled should be excluded form the local area of Rundh had and be merged with the local area of Bhalod. it is evident form the above resolution not writing to the merger of the made into the local area of 1/12/1977 under Government ultimately passed the impugned order of 1st December followed attracted sec. 7A of the Code merging the survey number of which the flood affected The resolution contend that this order was passed by the Government ongoing the resolution passed by the Bhalod Gram Panchayat on 20/09/1977 presumably because because the same was stayed by the Broach District Panchayat in appeal.