BHOR INDUSTRIES LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners Nos. 1 2 and 3 are Companies incorporated under the Companies Act 1956 The petitioner No. 4 is an Association of industrial concerns located in Jambuva and Maneja areas of District Baroda comprising 18 industries set out in Ann. A appended to the petition. Petitioners Nos. 1 2 and 3 have their industries in villages Makarpura Jambuva and Maneja of district Baroda.

(2.) By a notification dt. August 18 1972 entitled proclamation (Ann. B) the Government of Gujarat proposed to alter the limits of the Baroda Municipal Corporation so as to include within limits of the said Corporation the areas shown in Schedule A to the notification under sub- sec. (3) of sec. 3 of the Bombay Provincial Municipal Corporations Act 1949 (hereinafter referred to as the Act). In Sch. A the whole of the village Maneja revenue S. Nos. 450 to 574 and 705 (in all 126) of village Jambuva and revenue S. Nos. 41 to 48 50 to 112 114 115 118 166 167 169 151 and 153 (in all 79) of village Makarpura were shown as proposed to be included within the limits of Baroda Municipal Corporation. On the date of the issuance of this notification the aforesaid lands were lying within the Gram Panchayat and hence on 16th October 1973 the Development Commissioner of the Gujarat Government in the Panchayat Department issued a notification (Ann. C) under sub-sec. (2) of sec. 9 of the Gujarat Panchayats Act 1961 excluding the aforesaid areas proposed to be included within the limits of the Baroda Municipal Corporation from the Gram Panchayat. By the notification issued by the Government of Gujarat under sub-sec. (3) of sec. 3 of the Act the persons who bad any objection to the conclusion of the aforesaid areas within the limits of the Baroda Municipal Corporation were invited to submit their objections to the Collector of Baroda within two months from the date of the said notification. In response thereto the present petitioners amongst others submitted their objections against the inclusion of the aforesaid areas and after taking them into consideration the Government of Gujarat issued the final notification dt. 15th November 1973 (Ann. D) in the Panchayats and Health Department in exercise of the powers conferred by sub-sec. (3) of sec. 3 of the Act directing that the aforesaid areas should form part of the Baroda Municipal Corporation with effect from 1st December 1973

(3.) Sub-sec. (3) of sec. 3 of the Act provides that the State Government may from time to time after consultation with the Corporation by notification in the official Gazette alter the limits specified for the city under sub-sec. (1) or sub-sec. (2) so as to include therein or to exclude therefrom such area as is specified in the notification. Sub-sec. (4) of sec. 3 next provides that the power to issue notification under this section shall be subject to the condition of previous publication. Accordingly in thee present case the notification Ann. B dt. 18th August 1972 was issued by the Government of Gujarat and objections were invited from all persons to the proposed inclusion. After these objections were received and considered as stated earlier the final notification-Ann. D came to be issued under sub-sec. (3) of sec. 3 of the Act.