MUNICIPAL COMMITTEE Vs. GRAM PANCHAYAT

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the order of the learned Single Judge dated 16.9.1983 whereby the writ petition challenging the notification Annexures P/1 and P/2 was allowed and it was held that the land in dispute does not vest in the Gobindgarh Municipality and continues to be the property of the Gram Panchayat. This view of the learned Single Judge has already been upheld in the Division Bench judgment reported as Mrs. Renuka Sekhon v. State of Punjab and others, 1990 2 RRR 53(P&H) .

(2.) During the pendency of this appeal, Civil Misc. Application No. 2083 of 1987 was moved in which notice was issued and it was directed that the same will be disposed of at the time of final hearing. According to the averments made therein, vide notification dated 7.1.1986, the Municipal limits of Municipal Committee, Gobindgarh have been further extended. The extended limits of the Municipal Committee towards western side includes whole of the Sabha Area previously falling within the Gram Panchayat, Nasrali with the effect that Gram Panchayat, Nasrali since ceased to exist. This factual position has not been denied on behalf of the respondent-Gram Panchayat. Once it is so found that the whole area of Gram Sabha has been included within the area of the Municipality, then obviously the Shamlat land earlier belonging to the Gram Panchayat also vests in the Municipality. In these circumstances, the appeal of the Municipal Committee is to be allowed, that from 7.1.1986 the Shamlat land vests in the Municipality and prior thereto it vested in the Gram Panchayat which ceased to exist on that day i.e. 7.1.1986.

(3.) Consequently, this appeal is allowed to the extent that the Shamlat land vested in the Municipality Govindgarh from 7.1.1986 whereas prior thereto it vested in the Gram Panchayat of the village. Appeal accepted.