RAMA SHANKAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) R. A. Sharma, J. By notification dated 6-9-1978 Goan Sabha Gahmar, district Ghazipur was declared as town area by the Government under Sec tion 3 of the U. P. Town Areas Act, 1914 (hereinafter referred to as the Act ). It appears that there was agitation against conversion of the Goan Sabha into town area. The Government of U. P. by notification dated 9-1-1987 cancelled the above notification in exercise of its powers under clause (d) sub-section (1) of Section 3 of the Act. Being aggrieved by the later notifica tion dated 9-1-1987, petitioners, who claim to be the residents of the said town area, have filed this writ petition.

(2.) THE sole question raised by the learned counsel for the petitioners in support of the writ petition is that the petitioners were not given any opportunity of hearing before issuing the notification dated 9-1- 1987.

(3.) SUPREME Court has made a distinction between the legislative the administrative function has accordingly laid down that principles of natural justice are not required to be followed when action is legislative in nature, although the administrative act cannot be performed without giving opportunity of being heard to the persons, who are likely to be affected. SUPREME Court in the case of the Tulsipur Sugar Co. Ltd. v. The Notified Area Committee, (supra) has laid down that there is no provision in the Act providing for giving an opportunity of hearing to any person further that the power under Section 3 of the Act is of legislative in character there fore, it is not required to be exercised in consonence with the principles of natural justice. This is the decision on the very same section under which the impugned notification has been issued. It is, as such, binding on this Court.