J.M.TANDON, J. - (1.) THIS order will dispose of two letters patent appeals, L.P.A. No. 355 of 1975, State of Haryana and others v. Gram Panchayat Dera Fateh Singh and others, and L.P.A. No. 317 of 1975, Gram Panchayat Gumthala Garhu v. Gram Panchayat Dera Fateh Singh and others, which are directed against the same order of the learned Single Judge, dated May 2, 1975 C.W. No. 23 of 1973, filed by Gram Panchayat Dera Fateh Singha and another.
(2.) THE facts of the case are that a Sabha area for village Gumthala Garhu was constituted vide Notification under section 4 of the Punjab Gram Panchayat Act, 1952 (hereinafter referred to as the Act), in 1963. The area of Rectangles Nos. 1 to 301 was included therein. Some people of village Gumthala Garhru set up habitations at some distance from the main village. These habitations were included in Gram Panchayat Gumthala Garhu. The residents of these habitations applied to the Government for constituting a separate Gram Sabha for them. Their request was accepted and consequently the Government excluded the area of Rectangles Nos.1 to 124 out of the Sabha area of Gumthala Garhu vide Notification dated November 16, 1965, and by another Notification of the same date constituted a new Sabha area namely Gram Sabha Dera Fateh Singh. The area of Rectangles Nos. 1 to 124, which was excluded from Gram Sabha Gumthala Garhu was given to Gram Sabha Dera Fateh Singh. Feeling aggrieved by this action of the Government, Gram Sabha Gumthala Garhu challenged it in C.W. No. 336 of 1967 which was dismissal on the basis of some compromise. The Block Development and Panchayat Officer issued letter dated March 17, 1972 (copy annexure 'E') to the Sarpanch, Gram Panchayat Dera Fateh Singh, indicating that Rectangle Nos. 66 and 83, situate in Gram Panchayat Dera Fateh Singh were proposed to be taken out and given to Gram Panchayat Gumthala Garhu. He also addressed another letter dated August 9, 1972 (copy annexure 'B') to Gram Panchayat Secretary, Gumthala Garh, requiring him to get maps prepared with respect to the proposed transfer of the land. The Gram Panchayat Dera Fateh Singh, feeling aggrieved by these two letters, challenged the same in the civil writ filed by them and admitted on March 26, 1973. During the pendency of the writ petition, the Government issued two Notifications (copies of which are Annexure 'F') and 'F -1'). the area specified in the Notifications was excluded from Gram Sabha Dera Fateh Singh and included within Gram Sabha Gumthala Garhu. The writ petition was amended and challenge was laid to these Notification as well. The learned Single Judge accepted the writ petition and quashed the letters as also the Notifications relating to the exclusion of the area from Gram Sabha Dera Fateh Singh and inclusion of the same in Gram Sabha Gumthala Garhu. It is against this orer that two letters patent appeals, one filed by the State of Haryana and the other by Gram Sabha Gamthala Garhu, have been directed. The sole point for consideration in this case is about the competency of the State Government to exclude or include any area from or in any Sabha area.
(3.) SECTION 4 of the Act deals with demarcation of Sabha areas. The relevant part of sub -section (1) of section 4 and sub -section (2) thereof read as under : - "4. (1) Government may, by notification, declare any village or group of contiguous villages with a population of not less than five hundred to constitute one or more Sabha areas : ... ... .... .... . (2) Government may, by notification, include any area in or exclude any area from the Sabha area ... ... .... .... ". In Ayodhya Prasad Vajpai v. State of U.P. and another, A.I.R. 1968 S.C. 1344, a more or less analogous situation arose. The notifications issued by the government of Uttar Pradesh under the Uttar Pradesh Kshettra Samitis and Zilla Parishads Adhiniyam, 1961 (Act 33 of 1961), were challenged. By these notification, the Government of Uttar Pradesh redivided the rural area in the district with the result that a few Khands were abolished and new created in their place. The argument advanced was that the power of the Government to do so amounted to excessive delegation of legislative functions to the State Government and being not supported by adequate safeguards or guides, was liable to be struck down. This argument was not upheld. It was held that "the Act speaks for itself and is self -contained. Its policy is stated in clear terms and the power to create Khands must be read with the power to abolish Khands and create new Khands in their place. The details of how big a Khand should be, what territory it should involve and so on and so forth, cannot be the subject of detailed legislation. The Act gives ample indication of what the purpose of making a Khand is and the duties which the Kshettra Samitis must perform. On this subject the legislative will has been sufficiently expressed and must, therefore, guide the State Government in making its notifications.";