VILLAGE PANCHAYAT JASPUR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two petitions raise a short question as to the validity of sec. 96 sub-sec. (4) of the Gujarat Panchayats Act 1961 (hereinafter called the Act of 1961). The petitioner in Special Civil Application No. 1596 of 1968 is the Jaspur Gram Panchayat while the petitioner in Special Civil Application No. 363 of 1969 is the Khodiyar Gram Panchayat. Both these gram Panchayats are bodies corporate constituted under the Act of 1961 for the respective grams of Jaspur and Khodiyar. Though Jaspur and Khodiyar are situated in different revenue districts they adjoin each other and have part of their boundary common. It was common ground between the parties that Survey No. 391 which constitutes grazing land in village Jaspur was originally Government land and it was vested by Government in Jaspur Village Panchayat as then constituted sometime in June 1950 under sec. 28B of the Bombay Village Panchayats Act 1933 (hereinafter referred to as the Act of 1933) and so also Survey Nos. 255 258 and 265 which constitute grazing lands in village Khodiyar and which were originally Government lands were vested by Government same section of the Act of 1933. The vesting of grazing land being Survey No. 391 in village Jaspur was subject to four conditions as set out in the Circular dated 9th June 1950 issued by the then Government of Bombay and since none of these conditions is material for the purpose of the present petitions we need not refer to them. So far as grazing lands being Survey Nos. 255 258 260 and 265 in village Khodiyar are concerned the vesting of these grazing lands was also subject to the same four conditions as set out in the circular dated 9th June 1950 but there was also an additional condition as set out in clause 9 introduced in the circular dated 9th June 1950 by a resolution of the Government dated 19th September 1957 and that additional condition was that the said grazing lands shall be liable to be resumed by the Government at any time without payment of compensation. These grazing lands which were vested in Jaspur and Khodiyar Village Panchayats as aforesaid continued to be used as grazing lands and it was an accepted position that no breach of any condition of vesting was committed by either of the two Panchayats. The Act of 1933 was repealed by sec. 185 of the Act of 1958 but by reason of the saving provision enacted in sec. 186 the old Panchayats of Jaspur and Khodiyar constituted under the Act of 1933 were deemed to be the new Panchayats of Jaspur and Khodiyar constituted under the Act of 1958 and these grazing lands vesting in the old Village Panchayats of Jaspur and Khodiyar became vested in the new panchayats of Jaspur and Khodiyar from the date of coming into force of the Act of 1958. The respective Panchayats of Jaspur and Khodiyar constituted under the Act of 1958 thereafter continued to use the grazing lands vested in them for the purpose of grazing of cattle and again it was common ground that no breach of any of the conditions of vesting was committed by them. The Act of 1958 was then repealed by the Act of 1961 but by reason of clause (ii) of subsec. (2) of sec. 325 of the Act of 1961 the village panchayats of Jaspur and Khodiyar constituted under the Act of 1958 immediately before the date of coming into force of the Act of 1961 were deemed to be the new Gram Panchayats of Jaspur and Khodiyar and the grazing lands vesting in the old village panchayats of Jaspur and Khodiyar became from the said date vested in the new gram panchayats of Jaspur and Khodiyar that is the petitioners in the present petitions under clause (vi) of (2) of sec. 325. The petitioners continued the use of these grazing lands for the purpose of grazing cattle and complied with all the conditions on which these grazing lands were originally vested by the Government.

(2.) Now it appears that the State Government wanted some land for the purpose of putting up sewage treatment plant for the new capital of Gandhinagar which it was setting up in Gandhinagar District. The State Government originally thought of setting up the sewage treatment plant on lands situate in villages of Ognaj Chharodi Jagatpur and Gota in Daskroi Taluka Ahmedabad District and with that end in view the State Government issued a notification dated 5 April 1967 under sec. 4 of the Land Acquisition Act 1894 stating that certain lands situate in these four villages specified in the Schedule to the said notification were needed for a public purpose namely Gandhinagar Sewage Treatment Plant. It does not appear from the record nor is it material whether any objections against the proposed acquisition of their lands were lodged by the owners of the lands but after the necessary inquiries the State Government ultimately issued a notification dated 17th January 1968 under sec. 6 of the Land Acquisition Act 1894 declaring that diverse lands specified in the Schedule to the said notification were needed for the public purpose specified in column 4 of the Schedule namely Gandhinagar Sewage Treatment Plant. This notification also contained a direction of the State Government under sec. 17 sub-sec. (1) that the Collector shall on expiry of fifteen days from the publication of the notice under sec. 9 sub-sec. (1) take possession of all the lands specified in the notification. It may be mentioned that the lands specified in the Schedule to this notification comprised lands only in the villages of Ognaj and Chharodi and so far as lands in the villages of Jagatpur and Gota were concerned though they were originally specified in the notification under sec. 4 they were ultimately dropped from acquisition under this notification.

(3.) Before possession of the lands in villages Ognaj and Chharodi was taken pursuant to the direction under sec. 17 sub-sec. (1) contained in the notification under sec. 6 the decision to locate the sewage treatment plant in those lands was changed and it was decided to set it up in what may for the sake of convenience be called Jaspur Khodiyar site. The Deputy Engineer in charge of the Capital Project addressed a letter dated 4 April 1968 to the Talati cum Mantri of village Jaspur requesting him to supply the extracts from the record of rights in respect of several survey numbers of village Jaspur as the same were required for acquisition of lands for the Gandhinagar Project. Out of these survey numbers survey No. 391 was grazing land vested in the Jaspur Gram Panchayat while the other survey numbers belonged to private agriculturists. On receipt of the extracts from the record of rights a decision was taken by the State Government to resume survey No. 391 of village Jaspur under sec. 96 sub-sec. (4) of the Act of 1961 and accordingly an order dated 27th May 1968 was made by the State Government under sec. 96 sub-sec. (4) resuming survey No. 391 of village Jaspur as the same was needed for a public purpose namely Gandhinagar Project Sewage Treatment Plant. When this order was made there was considerable agitation in Mehsana District in which village Jaspur is situate and several representations were made and resolutions passed protesting against the decision to change the location of the sewage treatment plant from villages of Ognaj and Chharodi to village Jaspur. These representations and resolutions led to a visit by Mr. B. J. Patel Minister for Public Works Department to village Jaspur. He met the members of Jaspur Gram Panchayat and other representatives and listened to the representations which they had to make against the location of the sewage treatment plant in the lands situate in village Jaspur. But even after taking into account these representations the State Government adhered to the decision taken by it to resume survey No. 391 of village Jaspur for setting up the sewage treatment plant and decided to proceed further in the matter. The Jaspur Village Panchayat thereupon preferred Special Civil Application No. 1596 of 1968 challenging the validity of the order of resumption made by the State Government. In the meantime the State Government also by an order dated 17th December 1968. resumed survey Nos. 255 258 260 and 265 of village Khodiyar for the purpose of Gandhinagar Capital Project Sewage Treatment Plant under sec. 96 sub-sec. (4) of the Act of 1961 and this led to the filing of Special Civil Application No. 363 of 1969 by the Khodiyar Gram Panchayat.