- (1.) Whether with the inclusion of a part of the Sabha area within a municipality under sub-section (3) of Section 5 of the Punjab Municipal Act, 1911 the Shamlat Deh which vested in the Gram Panchayat of the Sabha and which now falls within the extended municipal limits, comes to vest in the municipality, is the spinal question which falls for determination in this writ petition.
(2.) The factual matrix juxta posed with the relevant statutory provisions will illumine the contours of the controversy, village Nasrali is situate on the out skirts of Mandi Gobindgarh, a flourishing and expanding town. The Gram Panchayat of this village owned 87 Bighas and 19 Biswas of land situated within the revenue estate of this village. The income from this land is the main financial source of the Panchayat which has out of this income constructed the building of the Primary School; paved the village streets; built a Veterinary Hospital; provided street lights and is maintaining the above amenities and has engaged 4 sweepers for keeping the village streets clean and tidy.
(3.) By a notification dated August 20, 1976 (Copy Annexure P.2), the State Government in exercise of the powers conferred on it under sub-section (3) of Section 5 of the Punjab Municipal Act extended the limits of Gobindgarh Municipality with the result that vast areas of land of the surrounding villages were included within the limits of the Municipal Committee, Gobindgarh. A part of the Sabha area including the Shamlat land owned by the Gram Panchayat Nasrali was also included within the municipal limits. Thereafter, the officials of the Municipal Committee started claiming that the above-mentioned Gram Panchayat land had come to vest in the Municipal Committee. A letter was written on its behalf to the Naib-Tehsildar requesting that the mutation of the Shamlat land vesting in the Gram Panchayat Nasrali be mutated in the name of the Municipal Committee, Gobindgarh. Aggrieved, by this conduct of the officials of the Municipal Committee, the Gram Panchayat Nasrali has filed this writ petition.;