Point of Law: Gram panchayat - Recommendation of specification of village - Petitioner gram panchayats are not entitled to an opportunity of hearing, it cannot be said that no effective consultation was made by respondent authorities as provided in Section 7 of Gujarat Panchayats Act, 1993.

JUDGMENT :

Heard learned advocate Mr. S.P. Majmudar appearing for the petitioners and learned Assistant Government Pleader Mr. K.M. Antani for the respondent – State through video conference.

1. Rule returnable forthwith. Learned Assistant Government Pleader Mr. K.M. Antani waives service of notice of rule on behalf of the respondent – State. By consent of both the learned advocates for the parties, matters are taken-up for final hearing.

2. By these petitions under Articles 226 and 227 of the Constitution of India, the petitioners have challenged the order dated 30th March, 2020 passed by the respondent no.1 – Additional Chief Secretary, Urban Development and Urban Housing Department of the State of Gujarat, as well as the Resolution dated 8th August, 2019 passed by the Standing Committee of respondent no.3 – Vadodara Municipal Corporation (herein after referred to as 'the VMC'), as well as, Resolution dated 19th September, 2019 passed in General Meeting of the respondent no.3 – VMC. After filing of the petitions, the petitioners have amended the petitions and challenged the notification dated 18th June, 2020 whereby the petitioner Panchayats have been included within the limits of VMC.

3. As the facts of each of the petitions are more or less similar as the petitioner panchayats have objected to be included within the municipal limits of VMC and have challenged the notification issued by the State Government, the petitions were heard analogously and are being disposed of by this common order. The details of each of the petitions and corresponding village panchayat is as under :-

These seven villages were sought to be included by the respondent no.3 - VMC and accordingly, Standing Committee of the respondent no.3 – corporation passed a resolution dated 8th August, 2019 for including the areas of seven village panchayats in the area of VMC.

3.1 In the general meeting of VMC, resolution dated 19th September, 2019 was passed to include these villages within the limits of the VMC.

3.2 The respondent no.1 – Urban Development and Urban Housing Department received a proposal dated 4th October, 2019 from the Municipal Commissioner of VMC with respect to inclusion of area of these villages into the limits of the VMC.

3.3 The petitioner gram panchayats raised objections by a detailed representation dated 23rd October, 2019 against the resolution dated 8th August, 2019 and 19th September, 2019 passed by the Standing Committee and in the General Meeting of the VMC.

3.4 The petitioner gram panchayats preferred Special Civil Applications before this Court with a prayer to direct the respondent – State to decide the objections dated 23rd October, 2019 and this Court vide order dated 22nd January, 2020 directed the respondent no.1 to decide the objections dated 23rd October, 2019 in accordance with law before 31st March, 2020. The Development Commissioner, tendered his opinion dated 10th January, 2020 to the panchayat – Rural Housing and Rural Development Department for inclusion of the petitioner gram panchayats into the limits of the VMC. The Deputy Collector, Vadodara also submitted an opinion for inclusion of the petitioner panchayats into the limits of VMC on 13th January, 2020. The Collector also vide opinion dated 15th January, 2020 endorsed the opinion of Deputy Collector and forwarded the same to the respondent no.1.

3.5 The petitioner gram panchayats were informed by letter dated 5th February, 2020