IMPORTANT POINTS
1. Economic empowerment of the poor, in particular the Scheduled Castes and Scheduled Tribes, as is enjoined under Article 46 of the Constitution of India, is a constitutional objective as basic human and fundamental right to enable the labourer, Scheduled Castes and Scheduled Tribes to raise their economic empowerment.
2. When the waste land or open site or vacant land vested in the State is sought to be resumed from the Gram Panchayat by the Collector for another laudable public purpose, then the requirement of hearing the villagers is not insisted u/s 96(4) of the Gram Panchayat Act.

Headnote:Gram Panchayat Act, 1961-Section 96(4)-Appellant-Society consisting of labourers and Scheduled Caste persons-Request made for assignment of waste land vested in Gram Panchayat-Purpose of cultivation and augmentation of economic empowerment of members of Society -Gram Panchayat passed a unanimous resolution requesting Collector to resume land-Whether notice to villagers is mandatory u/s 96(4) ? -(No).
       Held : Since, the Gram Panchayat as a representative body passed the resolution, it would be obvious that the elected members represent the interest of the Gram Panchayat for effecting the constitutional goal. When the Gram Panchayat in turn passed the resolution for the said purpose, there was no obligation to issue notice to the villagers. That apart, the scheme of Section 96 is clear. The legislature is cognizant of the fact that when public road or street is sought to be discontinued or closed, public is likely to be effected, Sarpanch or Chairman acting on behalf of Gram Panchayat etc. is enjoined by the proviso to sub-section (2) of Section 96 to issue notice to them. It specifically enjoins the Sarpanch or the Chairman, as the case may be, to cause a notice to be issued in the prescribed manner, before passing a resolution so that the affected users would have an opportunity to put in their objections for consideration by the Gram Panchayat. But when the waste land or open site or vacant land or grazing land vested in the State was sought to be resumed from the Gram Panchayat by the Collector for another laudable public purpose, then the silence of issuance of notice is eloquent. Requirement of hearing the villagers is not insisted. (Para 11)
       (ii) Constitution of India-Article 46-Economic empowerment of poor, in particular Scheduled Castes and Scheduled Tribes-A Constitutional objective.
       Held : Social democracy means a way of life which recognises liberty, equality and fraternity as principles of life. They are the trinity. One cannot diverse one from the other. Without equality, liberty would produce supremacy of the few over the many. Equality without liberty would denude the individual of his initiative to improve excellence. Without fraternity, liberty and equality would not nurture as their natural habitat. Social and economic justiice is a constitutional right enshrined for the protection of the society. The right to socio-economic justice in the trinity, the Preamble, Fundamental Rights and Directives is to make the quality of life of the disadvantaged people meaningful. Equal protection in Article 14, therefore, requires affirmative action by the State to those unequals by providing facilities and opportunities. (Para 8)
        Economic empowerment of the poor, in particular the Scheduled Castes and Scheduled Tribes, as is enjoined under Article 46, is a constitutional objective as basic human and fundamental right to enable the labourer, Scheduled Castes and Tribes to raise their economic empowerment. (Para 11)

ORDER

Leave granted. Though notice was served on the respondents-the first and the fourth respondents, the 1st respondent is not appearing either in person or throughcounsel; equally, 4th respondent through counsel. We have heard the counsel for the appellant as well as for the State.

2. The undisputed facts are that the appellant- Society consists of labourers and Scheduled Caste persons belonging to the village Khardosan in Deesa Taluka of Banaskantha District of Gujarat State. The appellant-society had requested the Gram Panchayat to recommend to the District Collector for assignment of 300 acres of gaucher land (waste land) vested in the Gram Panchayat for the purpose of cultivation and augmentation of economic empowerment of the members of the appellant-Society. The Gram Panchayat had unanimusly resolved and requested the Collector to resume the land and assign it to the appellant. The District Collector in response thereto had resumed the land and assigned the same to the appellant. Calling the order of the District Collector in question a Review Petition was filed before the Government by the first res- pondent. The Government by order dated August 20, 1986 set aside the order on the ground that District Collector did not issue any notice to the villagers before its resumption. When the writ petition came to be filed, while upholding that the waste land was required to be resumed by the Collector for public purpose of assignment to the rural labourers belonging to backward classes and Scheduled Castes, the High Court directed the Collector to give notice to the villagers and the consider their objections and to pass order afresh thereafter. On appeal, by the impugned order dated January 24, 1994 in Appeal No. 33/94, the Division Bench confirmed the same. Thus this appeal by special leave.

3. The question that arises for consideration is: whether notice to the villagers is mandatory under Section 96(4) of the Gram Panchayat Act, 1961 (for short, the Act )? Section 96 reads as under :

"96. Government may vest certain lands in Panchayats - (1) For the purpose of this Act, the State Government may subject to such conditions and restrictions as it may think fit to impose, vest in a panchayat open sites waste, vacant or grazing lands or public roads, streets, bridges, ditches, dikes and fences, wells, river-beds tanks, streams, lakes, nallas, canals, water-courses, trees or any other property in the gram or nagar, as the case may be, vesting in the Government.

(2) Subject to any conditions and restrictions imposed by the State Government under sub-section (1) and with the previous sanction of the Collector, a panchayat may discontinue or stop up any such public road or street vested in it by the State Government, but which is no longer required as public road or street and may lease or sell any such land therefor used for the purposes of such public road or street.

Provided that one months before it is decided to stop up or discontinue such public road or street, the Sarpanch or Chairman as the case may be, shall, by notice signed by him and affixed in the part of the public road or street which is proposed to discontinue or stop up, and published in such other manner as is prescribed, inform the residents of the gram or nagar as the case may be, of the said proposal and consider any objections in writing made thereto; the notice shall indicate the alternative route, if any, which it is proposed to provide or which may already be in existence.

(3) Whenever any public road or street or any part thereof has been so discontinued or stopped up, reasonable compensation shall be paid to every person who was entitled to use such road or street or part thereof, otherwise then as a mere member of the public, as a means of access to or from his property and has suffered damage from such discontinuance or stopping up, and the provisions in the Bombay Highways Act, 1955, (Bombay LV of 1955) in relation to the assessment, apportionmen

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1996 Supreme(SC) 1096

Cases Referred (4)