GRAM PANCHAYAT, MORANWALI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this writ petition, the Gram Panchayat, Moranwali, has challenged the Notification dated May 10, 1976, under sub-section (1) of section 5 of the Punjab Municipal Act, 1911 (hereinafter referred to as the Municipal Act), a copy of which is annexure P-5 to the writ petition, declaring its intention to include within the Municipality of Sunam, district Sangrur, certain areas, and the Notification dated August 2, 1976, under sub- section (3) of section 5 of the Municipal Act, a copy of which is annexure P-6 to the writ petition, including that area within the said Municipality.

(2.) According to the petitioner, the disputed area vested in it and has been wrongly included within the municipal limits of Sunam. The Notifications annexures P-5 and P-6 have been challenged on two grounds, namely, (1) that there is an inconsistency between the two inasmuch as in Notification anexure P-5, Killa No. 22 of Mustatil No. 358 has been shown as Killa No. 22 of Mustatil No. 355 in annexure p-6; and (2) the land which vested in the petitioner Gram Panchayat could not be vested in Municipal Committee, Sunam, without payment of compensation to the former.

(3.) The State of Punjab as also Municipal Committee, Sunam, in their separate written statements, denied that the petitioner was entitled to any compensation for being divested of certain land which, as a consequence of Notifications annexures P-5 and P-6, stood vested in Municipal Committee, Sunam. About the inconsistency in the specification of land in Killa No. 22, it was averred that it was rectified by a corrigendum Notification No. 5888- A/DSLGII-76/34350, dated november 12, 1976.