STATE OF PUNJAB versus TEHAL SINGH AND ORS.

Citation: [2002] 1 S.C.R. 27 · Decided: 07-01-2002 · Supreme Court of India · Bench: V.N. KHARE · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

STATE OF PUNJAB 
A 
v. 
TEHAL SINGH AND ORS. 
JANUARY 7, 2002 
[V.N. KHARE AND B.N. AGRAWAL, JJ.] 
B 
State Government-Notifications-Declaring territorial area and 
establishment of Gram Sabha-Residents-Exclusion of area from a Gram 
Sabha and inclusion in another-Duty of Government to provide opportunity C 
of hearing to residents-Held, establishment and constitution of Gram Sabha 
is a legislative Act-No opportunity of hearing was required to be given by 
Government-Notifications held valid. 
Legislative Acts-Applicability of principles of natural justice. 
The Government of Punjab issued a Notification dated 24.10.1997 under 
Section 3 of the Punjab Panchayati Raj Act, 1994. Under the said Notification 
D 
the Government declared the territorial area of Gram Sabha Khanpur 
comprising ofabadi portions of Village Wazidpur and villages Khanpur and 
Harijan Colony. By another Notification of the same date, the Government E 
declared the establishment of Gram Sabha, Khanpur under Section 4 of the 
Act. The Government also constituted Gram Panchayat for the Gram Sabha, 
Khanpur. Respondent No. 1, Sarpanch of Gram Sabha, Wazidpur and 
Respondent No. 2, Member of the Gram Panchayat, Wazidpur filed a writ 
petition under Article 226 of the Constitution challenging the validity of the 
Notifications dated 24.10.1997 contending that (i) no opportunity of hearing F 
having been afforded before declaring the territorial area ofvillage Khanpur 
in as much as before establishing Gram Sabha Khanpur, the Notifications 
were invalid; (ii) the locality-Harijan Colony not being contiguous to village 
Khanpur, the said locality could not have been included in Gram Sabha, 
Khanpur and (iii) the Notifications under Sections 3 and 4 of the Act could G 
not have been issued simultaneously and, therefore, they were invalid. The 
1;_ 
writ petition was allowed by the High Court and the impugned Notifications 
to the extent it related to the Gram Sabha, Khanpur were set aside. Against 
the judgment of the High Court State of Punjab preferred appeal before this 
Court. 
27 
H 
28 
SUPREME COURT REPORTS 
(2002] l S.C.R. 
A 
Following questions arose for consideration in this appeal:-
B 
c 
D 
(1) 
Whether the State Government was required to give an 
opportunity of hearing to the residents of the area excluded from 
Gram Sabha, Wazidpur and now included in the Gram Sabha, 
Khanpur before issuing Notifications under Sections 3 and 4 of 
Act, respectively declaring territorial area of Gram Sabha, 
Khanpur and establishing Gram Sabha, Khanpur; 
(2) 
Whether the Notifications under Sections 3 and 4 of the Act 
could be issued simultaneously; and 
(3) 
Whether the Harijan Colony being not contiguous to the village 
Khanpur it could not have been included in Gram Sabha, Khanpur 
under Section 3(ii) of the Act. 
Allowing the appeal and setting aside the impugned judgment, the Court 
HELD: 1. The provisions of Sections 3 and 4 of the Punjab Panchayati 
Raj Act, 1994 which provide for declaring territorial area of a Gram Sabha 
and establishing a Gram Sabha for that area do not concern with the interest 
of an individual citizen or a particular resident of that area. The power 
E exercisable under Sections 3 and 4 respectively by the Government is not an 
exercise of a judicial or quasi-judicial function where the very nature of 
function involves the principle of natural justice or in any case an 
administrative function affecting the rights of an individual. On making of 
declaration under Section 3 of the Act determining the territorial area of a 
Gram Sabha and thereafter establishing a Gram Sabha for that area is an act 
F legislative in character in the context of the provisions of the Act.(34-E-F] 
2. An act legislative in character-primary or subordinate, is not 
subjected to rule of natural justice. In case of legislative act of legislature, 
no question of application of rule of natural justice arises. However, in case 
G of subordinate legislation, the legislature may provide for observance of 
principle of natural justice or provide for hearing to the resident of the area 
\ 
~ l
before making any declaration in regard to the territorial area of a Gram 
> 
Sabha and also before establishing a Gram Sabha for that area. Where the 
legislature has provided for giving an opportunity of hearing before excluding 
an area from a Gram Sabha and including it in another local authority or 
H body, an opportunity of hearing is sine qua non and failure

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