Village Panchayat Calangute Through its Sarpanch/Secretary v. State of Goa Through its Chief Secretary
2014-02-05
F.M.REIS, R.S.DALVI
body2014
DigiLaw.ai
Oral Order: (R.S. Dalvi, J.) 1. The Notification no.19/19/DP/PAN/Notification/Part/2012 dated 04.06.2012, is essentially challenged in the above Writ Petitions by two Village Panchayats and by certain Villagers. The exercise of passing this Notification came about in Writ Petition no. 716 of 2009, which is rightly argued by the Petitioners as being the genesis for the issue of the aforesaid Notification. 2. In the Order dated 23.02.2010, the Court saw that the dispute regarding the boundary of the Village Panchayats of Cancolim and Calangute which comes in the way of demolition of illegal structures. The Court called upon the Director of Panchayats to demarcate in loco, the boundary line between the two Panchayats. The Director was entitled to take assistance of the Director of Land Survey (DRSR). The report of demarcation was to be submitted. 3. Thereafter, this Court passed a further Order on 15.03.2010 in further compliance of the Order declaring the local areas of Village Panchayats of Candolim and Calangute. The Court laid down a specific time limit. 4. Again, this Court by its Order dated 12.04.2010, upon the affidavit of the Director of Panchayats, found that the boundaries of the aforesaid Villages were not shown in terms of the survey numbers and, therefore, called to demarcate the boundaries of the two Village Panchayats. 5. By an earlier Notification dated 15.11.1996, a declaration was made under Section 3(1) of The Goa Panchayat Raj Act, 1994, (for short 'the aforesaid Act') for the establishment of Village Panchayats of certain Villages. That Notification was for ensuring the General Elections to the Village Panchayats and the existing constitution of the Village Panchayats was to continue until the Village Panchayats were duly constituted. The issue of that Notification was the initial exercise of declaration. What was confirmed in that Notification was to be identified with regard to the survey numbers as per the aforesaid Orders. That identification was to be done by the Authority under the aforesaid Act by way of demarcation. The Notification of 1996 showed various wards against the Revenue Villages which came to be identified but which were not identified by survey numbers. Hence, the wards comprising of specific Villages alone were identified. This was, inter alia, in respect of the aforesaid two Villages as also one other adjoining Village Pilerne-Marra. 6.
The Notification of 1996 showed various wards against the Revenue Villages which came to be identified but which were not identified by survey numbers. Hence, the wards comprising of specific Villages alone were identified. This was, inter alia, in respect of the aforesaid two Villages as also one other adjoining Village Pilerne-Marra. 6. Pursuant to the High Court directions, the Directorate of Panchayats, Government of Goa, passed an Order dated 28.04.2010 under Section 3(1) of the aforesaid Act. This was with regard to the demarcation of the boundary line and to specify the boundaries in view of the disputes. The Director of Panchayats, was to file his report as directed which would be taken for onward submission to the Government. 7. Thereafter, a notice came to be issued on 11.05.2011 that the Government desired to specify the survey numbers for declaring certain areas or combination of them for the purpose of establishment of Village Panchayats. Suggestions were invited in that behalf. The Deputy Director of Panchayats, by its Order dated 23.05.2012, sought to demarcate the boundary line between the two Villages. 8. This Order is sought to be challenged on the ground that the survey map showing the survey numbers was not seen; that the Village Panchayats were not heard; and that on an entirely erroneous premise on seeing the receipt of house tax and the pattern of voters, the Order has been passed. 9. The Order is passed under Section 3(1) of the aforesaid Act, which runs thus: “3. Declaration of Panchayat areas and establishment of Panchayats.- (1) After making such inquiry as may be necessary, the Government may, by notification, declare a local area, comprising of a village or a group of villages or any part or parts thereof, or a combination of any two or more of them to be a Panchayat area for the purposes of this Act and also specify its headquarters.” Section 3(1) of the aforesaid Act contemplates such inquiry to be made as is found necessary. It envisages declaration of a local area. 10. Our attention is drawn to the Judgment of the Supreme Court in the case of State of Punjab vs. Tehal Singh & Ors., (2002) 2 S.C.C. 7 ), in which the concept of natural justice to the Village Panchayats or the Villages for such declaration is laid down.
It envisages declaration of a local area. 10. Our attention is drawn to the Judgment of the Supreme Court in the case of State of Punjab vs. Tehal Singh & Ors., (2002) 2 S.C.C. 7 ), in which the concept of natural justice to the Village Panchayats or the Villages for such declaration is laid down. In that case, Sections 3 and 4 of the Punjab Panchayati Raj Act, 1994, came to be considered. Section 3(1) dealt with the establishment of Gram Sabhas. In a similar exercise, the Supreme Court considered the distinction between Notification constituting only a legislative act or the action of the Government which would be administrative and quasi-judicial. Considering the decision in the case of Union of India & anr. vs. Cynamide India Ltd., & anr. (1987) 2 S.C.C. 720 ), the Supreme Court in Para 7 of the Judgment held that a legislative activity is a making of the legislative instrument or promulgation of a general rule of conduct or a declaration by a Notification by the Government that certain place or area shall be the part of a Gram Sabha, etc. The Supreme Court held that such action would be legislative in character. 11. In paragraph 8 of the Judgment, the Supreme Court observed that the establishment of Gram Sabha for an area does not concern itself with the interest of any individual citizen. It is general in character. It is not directed at a particular resident. It does not operate for past transactions but for future situations. The declaration would become operative at once. A body corporate would come into being with a number of powers and functions, as enumerated in the said Para. Such would be a legislative act in character. In Para 9 of the Judgment, the Supreme Court held that an act legislative in character, primary or subordinate, is not subjected to the rule of natural justice. The parties are covered and we are bound by the said Judgment. 12. The Notification/Order in this case is under Section 3(1) of the aforesaid Act. It merely declares areas which would fall within specified Village Panchayats. The Government may undertake further exercise under Section 3(3) of the aforesaid Act if there is required to be any increase or decrease in the area.
12. The Notification/Order in this case is under Section 3(1) of the aforesaid Act. It merely declares areas which would fall within specified Village Panchayats. The Government may undertake further exercise under Section 3(3) of the aforesaid Act if there is required to be any increase or decrease in the area. Section 3(3) of the aforesaid Act, runs thus: “3.(3) The Government may, at the request of the Panchayat concerned, or otherwise, and after previous publication of the proposal by notification, at any time,- (a) increase the area of any Panchayat area by including within such Panchayat area any village or group of Villages; (b) diminish the area of any Panchayat area by excluding from such Panchayat area any village or group of villages; (c) alter the headquarters of any Panchayat area; (d) alter the name of any Panchayat area; or (e) declare that any area shall cease to be a Panchayat area.” 13. It is argued on behalf of the Petitioners that such exercise could not have been undertaken. 14. The essential exercise in this Petition is for us to determine whether in essence the Notification is passed under Section 3(3) of the aforesaid Act. The Notification does not provide so. The Notification shows only the survey numbers with regard to the aforesaid two Villages which will be included therein. Consequently, the Notification is indeed under Section 3(1) of the Act declaring the aforesaid fact being a legislative act and does not require to be interfered with. 15. In view thereof, the Writ Petitions are dismissed.