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2023 Supreme(Guj) 519

A. J. DESAI, BIREN VAISHNAV
BHAMAIYA (WEST) GRAM PANCHAYAT – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant : DIPEN DESAI.
For the Respondents: MANISHA LAVKUMAR, CHINTAN DAVE, DIMPLE A. THAKER.

JUDGMENT :

A.J. DESAI, J.

1. The issue involved in these two appeals is as to “whether a Notification issued by the Governor only under Article 243 P(d) (Chapter IX A) of the Constitution of India requires any procedure to be followed as provided under Article 243 Q of the Constitution of India?”

2. The parties have appeared through their advocates and with their consent, the appeals have been finally decided.

3. ADMIT. Learned Assistant Government Pleader waives service of admission on behalf of respondent Nos.1, 3 to 5 and Ms. Dimple A. Thaker, learned advocate waives service of admission for respondent No. 2 in both the appeals.

4. The short facts arise from the record are as under.

5. That the appellants, namely, Bhamaiya (West) Gram Panchayat and Vavdi Buzarg Gram Panchayat challenged Notification dated 13.8.2015 issued by the Urban Development and Urban Housing Department, Government of Gujarat exercising its powers conferred by Clause (d) of Article 243P by which it notified several areas shown in the Schedule annexed thereto as the areas of municipal areas of Godhra Municipality and further declared that those areas shall form the part of Godhra Municipality which also included a

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