( 1 ) THE short question whicharises for consideration this petition is whether the State Government can exercise Power conferred upon ii by sec. 7a of the Busboy Land Revenue Code (hereinafter referred to as the Code) to alter or to add to the limits of a village which has the effect of altering the geographical limits of a gram Panchayat without following the procedure: outlined in sec. 9 (1) of the Gujarat Panchayat Act 1961 (hereinafter the procedure the Act ). The short facts leading to this Irritation are as under.

( 2 ) UNTIL 1970 Bhalod Rule and Pranked villages formed part of on. group gram panchayat. On 5th/ 6/08/1968 river Narbada was in spate and certain low lying areas of Bhalod and Tothidra villages were submerged necessitating the rehabilitation of 207 affected families on Survey Nos. 533. 534 and 535 of village Rundh. As Survey No. 535 was Gauchar land it was surrendared to Government to enable its merger in the village site of Rundh. Subse quently in February 197g the Collector of Broach allotted plots admeasuring 183 square yards to 101 affected families on their surrendering their right title and interest in their previous holdings. On the trifurc