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1985 Supreme(Guj) 97

A.P.RAVANI
BAVABHAI SUKHABHAI PATEL, SARPANCH OF HARIA GRAM PANCHAYAT – Appellant
Versus
STATE – Respondent


Advocates Appeared: B.J.JADEJA, K.N.VALIKARIMVALA, S.N.SHELAT

A. P. RAVANI, J.

( 1 ) BY notification dated 25/05/1978 (Annexure F to Special Civil Application No. 1380 of 1978) the State Government directed that the land of certain survey numbers of Haria Gram Panchayat-the petitioner herein be excluded from the revenue limits of the petitioner-Panchayat and be included in village Atul. This notification contained a condition that on account of this order being passed whatever the financial loss the Haria Gram Panchayat may suffer shall be reimbursed by the Atul Products Ltd. respondent No. 1 and that written consent of Atul Products Ltd. (hereinafter referred to as the Company) in this behalf be obtained. This notification has been passed under the provisions of sec. 9a of the Bombay Land Revenue Code (hereinafter referred to as Code ). The petitioner-Panchayat has challenged the legality and validity of this notification. When this petition was pending the Development Commissioner State of Gujarat issued another notification dated 14/07/1981 (Annexure E to Special Civil Application No. 3714 of 1981) under sec. 9 (2) of the Gujarat Panchayats Act. By this notification the land of survey numbers which were excluded from Haria Gram Panchayat by
















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