Khambalia Municipality and anr. Vs. State of Gujarat - Court Judgment

SooperKanoon Citation

sooperkanoon.com/640133

Subject	Constitution
Court	Supreme Court of India
Decided On	Feb-16-1967
Judge	J.M. Shelat,; K.N. Wanchoo and; R.S. Bachawat, JJ.
Reported in	AIR1967SC1048; [1967]2SCR631
Acts	Gujarat Panchayats Act, 1961 - Sections 1(2), 3, 8, 9, 9(1), 9(2), 10, 287, 298, 299, 300, 301, 307, 309, 310, 311 to 314 and 321; Bombay District Municipalities Act 1901; Gujarat Panchayats (Suspension of Provisions and Reconversion of certain local areas into municipal districts) Act, 1962 - Sections 3; Gujarat Panchayat Laws (Amendment) Ordinance, 1963; Gujarat Municipalities Act, 1963 - Sections 4(1); Gujarat Panchayats (Declaration of nagar or gram) Inquiry Rules, 1962 - Rule 2; Land Revenue Code; Suspension Act - Sections 3; Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 - Sections 3
Appellant	Khambalia Municipality and anr.
Respondent	State of Gujarat

Excerpt:
.....constitutional validity of section 9 of act of 1961 and justifiability of notification dismissed - appeal by special leave before supreme court - state government's power to declare local area to be 'gram' or 'nagar' under section 9 (1) of act of 1961 delegated to development commissioner - power to make declaration carries power to make inquiry preliminary to declaration - notification sufficiently authorized development commissioner to issue declaration after making prescribed inquiry - municipal borough an administrative unit within meaning of section 9 (1) of act of 1961 - local area co-extensive with municipal borough may be declared to be 'gram' or 'nagar' - apex court held, notification valid and justified and not carrying any malafide intentions.(ii) excessive delegation of power.....order37. in accordance with the opinion of the majority the appeal is dismissed without costs.

Judgment:
ORDER

37. In accordance with the opinion of the majority the appeal is dismissed without costs.