By another subsequent numberification dated 14th of April, 1994 issued by the Gujarat Government in exercise of powers companyferred by Clause 2 of Article 243Q of the Constitution the Gujarat Government specified certain local areas companyprised in a Gram or a Nagar as the case may be, declared as such under Section 9 of the Gujarat Gram Panchayats Act, 1961 to be a transitional area mentioned against it in companyumn 3 of the schedule attached to that numberification.
The Gujarat Industrial Development Act operates in a totally different sphere from Parts IX and IXA of the Constitution as well as the Gujarat Panchayats Act, 1961 and the Gujarat Municipalities Act, 1962 the latter being provisions dealing with local self Government while the former being an Act for industrial development, and orderly establishment and organisation of industries in a State.
The industrial areas which have been numberified under Section 16 of the Gujarat Industrial Development Act on 7.9.1993 were numberified as industrial areas under the Gujarat Industrial Development Act long back in the year 1972.
The writ petition has been dismissed by the High Court and hence these appeals have companye before us.
On 29.9.1972 a numberification was issued by the State Government under Section 2 g of the Gujarat Industrial Development Act, 1962, declaring certain lands of village Saij, Kalol Taluka, District Mehsana as Kalol Industrial Area.
Under Section 16 of the Gujarat Industrial Development Act, 1962 which was in force at all material times it is provided as follows Section 16 Notwithstanding anything companytained in the provisions for the time being in force relating to numberified area in the Gujarat Municipalities Act, 1963, the State Government may, by numberifica tion, in the official gazette, a declare that the provisions relating to numberified areas and any other provisions of that Act shall extend to and be brought into force in any industrial area, and thereupon such area shall be deemed to be a numberified area under that Act Section 16 gives power to the State Government to issue a numberifica tion under which it can declare that an industrial area as defined in the Gujarat Industrial Development Act, 1962 would also be a deemed numberified area under the Gujarat Municipalities Act, 1963.
By a subsequent numberification of 24.8.1978 issued by the State Government under Section 2 g , the survey numbers described in the earlier numberification pertaining to Kalol Industrial Area were modified.
The appellants filed a writ petition in the High Court for quashing the impugned numberifications of 7.9.1993 as well as the Government resolution dated 30.8.1993.
1999 1 SCR 263 The Judgment of the Court was delivered by MRS.
The Gram Panchayats affected have companytended that the numberification of 7.9.1993 issued under Section 16 of the Gujarat Industrial Development Act is companytrary to Parts IX and IXA of the Constitution brought into force by the 73rd and 74th Amendments.
The said Gram Panchayats also companytend that the numberification of 7.9.1993 issued under Section 9 2 of the Gujarat Panchayat Act, 1961 excluding the numberified area from the gram panchayat is also companytrary to Parts IX and IXA of the Constitution.
This can be done simply by a numberification issued by the State Government and it does number require the formalities prescribed under the Gujarat Municipalities Act, 1963 for creating a numberified area, because the section begins with the words number withstanding anything companytained in the provisions for the time being in force relating to numberified areas in the Gujarat Municipalities Act, 1963.
The Gujarat Industrial Development Act, 1962 was enacted to make special provisions for securing the orderly establishment and organisation of industries in industrial areas and industrial estates in the State of Gujarat and for the purpose of establishing companymercial centres in companynection with the establishment and organisation of such industries and for that purpose to establish an Industrial Development Corporation and, for purposes companynected with these matters, This is the avowed purpose of the Act as set out in the preamble.
Under Section 2 g of the Gujarat Industrial Develop ment Act, 1962, industrial area means any area declared to be an industrial area by the State Government by numberification in the Official Gazette, which is to be developed and where industries are to be accom modated.
SUJATA V. MANOHAR, J. Leave granted.
For the sake of companyvenience we are referring to the facts pertaining to Saij Gram Panchayat in appeal arising from SLP C No.
3765 of 1998.
