PENDYALA SATYANARAYANA MURTHY Vs. GOVT OF A P

JUDGEMENT

(1.) This writ appeal arises out of the writ petition filed by residents of Mandapaka Panchayat area impugning the notification G.O.203 dated 22-4-1982 issued by the Government under Section 5 (1) of the Andhra Pradesh Gram Panchayats Act, 1964 declaring "Venkatarayapuram" as "Venkatarayapuram Industrial area" within the jurisdiction of the Mandapaka Gram Panchayat with effect from the township committee is constituted under sec. 5 (3) of the said Act. The plea of the petitioners is that the impugned notification has been issued without following the procedure of Issuance of notice to the Panchayat under sec. 5 (2) read with Sec. 3 (2) of the Act. The learned single Judge held that issuance of notice to the Gram Panchayat is an empty formality and failure to issue the notice does not vitiate the proceedings.

(2.) The learned counsel for the appellants Sri Koka Raghavarao contends that the notice to Gram Panchayat before deletion of the area is obligatory as provided under Sec 5 (2) read with Sec. 3 (2) of the Act. The learned counsel for the respondent and the learned Government Pleader contend that on the issue of declaration under Sec. 5 (1) of the Act the Commissioner is obligated to cancel the notification and exclude the area and as such the issuance of notice is not necessary.

(3.) To appreciate the rival contentions, it is necessary to get at sec. 3 (2) and Sec 5 (2) of the Gram Panchayat Act which are as follows :- "3 (2) The Commissioner may, by notification and in accordance with such rules as may be prescribed in this behalf. (a) form a new village by separation of local area from any village or by uniting two or more villages or parts of village or by uniting any local area to a part of any village: (b) increase the local area of any village; (c) diminish the local area of any village; (d) alter the boundaries of any village ; (e) alter the name of any village; (f) cancel a notification issued under sub-sec (1)". "5(2) If the area declared as township under sub-section (1) comprises a village or forms part of village, the Commissioner shall, under sub-section (2) of Section 3, Cancel the notification issued under sub-section (1) of that section in respect of such village, or as the case may be, exclude such part from the village." Section 5 (1) provides that Government may declare, by notification, any area to be a township if it is an industrial or institutional colony, a labour colony, a health resort or a place of religious importance. In sofar as this declaration is concerned, no notice is contemplated and it is in the discretion of the Government to declare any village or part of a village to be a township or an industrial area. The declaration under sub-section (1) cannot be effectuated or implemented unless the notification declaring the village panchayat is cancelled or secede the area under Sec. 3 (2) of the Act. Sec. 5 (2) incorporates the entirety of Sec. 3 (2) as a follow-up of declaration under Sec 5 (1) Sec. 3(2) empowers the Commissioner to denotify the notification constituting the panchayat of the village or delete a portion from the area of the village Tne delation is conferred under cl. (c) of Sec. 3 (2) of the Act. Section 3 obligates the commissioner to issue notice to the effected panchayat regarding the proposed action inviting their objections or suggestions if any. The learned counsel for the respondents says that such notice is not necessary while exercising the power under section 5. We are unable to subscribe to this proposition. Doubtless, the commissioner has to necessarily take steps for denotification or deletion pursuant to declaration under sub-section 1. While taking such steps the commissioner has to necessarily follow the procedure of issuance of notice as sec. 3 (2) in its entirety is assimilated in sec. 5 (2). There is absolutely no indication by implication even of dispensing with the mandate of issuance of notice. The obligation cast under sec. 3 (2) is in consonance with the fundamental principle of nature justice of giving notice to the effected party before the proposed action. Apart from the incorporation of Sec. 3 (2) the fundamental principle of natural justice requires that the panchayat should be given a notice before deleting the area from such panchayat.