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PETITIONER: STATE OF ORISSA

       Vs.

RESPONDENT: SRIDHAR KUMAR MALIK AND ORS. ETC. ETC.

DATE OF JUDGMENT31/07/1985

BENCH: PATHAK, R.S. BENCH: PATHAK, R.S. SEN, AMARENDRA NATH (J)

CITATION:  1985 AIR 1411            1985 SCR  Supl. (2) 349  1985 SCC  (3) 697        1985 SCALE  (2)317  CITATOR INFO :  RF         1987 SC1239  (5)

ACT:      Orissa Municipal Act, 1950, Chapter XXX-A, Section 417- A and  Rule 602  of  the  Orissa  Municipal  Rules,  1953  - Proclamation constituting notified area published in English language  both   in  the  Official  Gazette  and  the  local newspaper - Validity of.

HEADNOTE:      Chapter XXX-A  of the  Orissa Municipal  Act, 1950 also empowers the State Government to apply the provisions of the Act to  areas other than the towns, called "notified areas". Under s.  417-A  in  that  Chapter,  before  the  Government extends the  operation  of  the  Act  to  an  area  under  a municipality it  must afford  an opportunity  to  the  local residents to  object to  the proposed action. The objections are submitted  to the  District Magistrate who forwards them along with  his views  to the State Government, for deciding as to  what should  be the  precise area  to which  the  Act should be extended, and indeed whether all the provisions of the Act  or only  certain specified  provisions should be so extended.      In August  1972 the  State Government  proclaimed their intention to  issue a notification under sub-.(1) of s.417-A of the  Act in  respect of  certain areas in the District of Ganjam and  invited objections  from persons residing within the area.  The proclamation  was published in English in the Orissa Gazette  as well  as in  a local Oriya newspaper, the "Daily Samaj".  Pursuant to  this proclamation  no objection was received.  on March 31, 1977 the State Government issued a notification  constituting with effect from April 1, 1977, the area  of Ganjam  and Damodarpur  villages as  a notified area in  terms of  sub-s.(1) of  s. 417-A and making all the provisions of the Act applicable.      The residents  of the  said two villages challenged the validity of  the notification  dated March  31,  1977  under Article 226  of the  Constitution on  two grounds : (1) that the proclamation  conveying the  intention of the Government to constitute  a notified  area was vague in content and did not specify whether all the purposes of the Act or only some of them, and if so

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350 which, were to be the subject of administrative provision in relation to  the area  and thus they were deprived of a full and  proper  opportunity  to  express  their  views  on  the proposal  of  the  Government  and  (2)  that  most  of  the residents did  not know  English and as the proclamation was made in the English language, both in the Orissa Gazette and in the  local newspaper,  the publication  served no purpose and was  contrary to  the intent  of the  statute. Both  the grounds found  favour with  the High  Court and consequently the notification was quashed.      Dismissing the appeal of the State, ^      HELD :1.  The declaration  that  the  State  Government intends to  issue a  notification under sub-s.(1) of s.417-A does  not   satisfy  the  statutory  requirement  because  a notification under  that sub-section  may either  be for all the purposes  of the  Act or for any of them. In the instant case, while it may be possible to say that the areas covered by the  proposal are indicated with sufficient precision, it is not  possible to hold that all the purposes of the Act or only some of them were intended for administrative provision in the proposed area. Therefore, the proclamation made under sub-s.(1-a) of  the s.417-A was ambiguous and incomplete and was not the kind of notification which would ensure that the intention behind  making it and calling for objections would be served. [354 F-H]      2. Sub-s.(1)(a) of the s.417-A of the Act requires that the proclamation should be published in the Official Gazette and also  at least in one newspaper circulating in the area. In the instant case the proclamation was made in the English language in  the Gazette  as well as in the local newspaper. The Oriya Gazette is published in English, and that being so the intention  of the  legislature in  sub-s.(1)(a) must  be construed to  be that the proclamation in the gazette should be in  the English  language. So  far as the proclamation in the  newspaper   was  concerned,  Rule  602  of  the  Orissa Municipal Rules  1953 does  not prescribe  the  language  in which the proclamation under sub-s.(1) of s.417-A of the Act has to  be made.  Having regard  to the  object with which a proclamation is  required to be published under sub-s.(1)(a) of s.417-A  of the  Act and  in order  to make  all  persons residing within  the area  to understand the proposal and to submit their  objections, it  must be published in the local language of  the area  in which the newspaper circulates and with which the residents are familiar. The local language of the area  is Oriya  and,  therefore,  the  State  Government should have  published the  proclamation in the newspaper in that language. [354H 355 A-H 356 A-B] 351

JUDGMENT:      CIVIL APPELLATE  JURISDICTION : Civil Appeal Nos. 545 & 546 of 1980.      From the  Judgment and  Order dated  27.2.1978  of  the Orissa High Court in O.J.C. Nos. 249 & 241 of 1977.      P. Govindan Nair, R.K. Mehta and Baby Krishnan with him for the Appellant.      B.P. Maheshwari  for Respondent  Nos. 1-2 in 545/80 and R-1  in   546/80  and   G.S.  Chatteree  (Not  Present)  for Respondent No. 3 in 545 of 1980.      The Judgment of the Court was delivered by      PATHAK, J.  These appeals by special leave are directed

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against the  judgment and  order dated  February 27, 1978 of the High  Court of  Orissa allowing  two writ  petitions and quashing a  notification issued  by the State Government for the purpose of constituting a notified area under the Orissa Municipal Act, 1950.      The  Orissa   Municipal  Act,  1950  provides  for  the Constitution  of  Municipalities  and  the  application  and enforcement  of   various  provisions   commonly  found   in legislation dealing with local self-government. They include provisions relating  to public  health, supply  of water for domestic  use,   lighting,  public   and  private  drainage, conservancy,  maintenance   and  repair   of  public  roads, building regulations,  markets, slaughter houses, burial and burning grounds,  places of public resort and entertainment, as well  as provisions  for  raising  taxes  to  enable  the Municipality  to   fulfil  its   function  and  obligations. Ordinarily, the provisions of the Orissa Municipal Act apply to towns, for under s.4 a town alone can be constituted into a municipality. But under Chapter XXX-A of the Act the State Government has been empowered to apply the provisions of the Act to  other areas,  conveniently  described  as  "notified areas". Section 417-A in that Chapter provides :           "417-A.(1)   The    State   Government    may   by           notification declare  that it is necessary to make           administrative provision  for all  or any  of  the           purposes of this Act in any area, specified in the           notification other than a municipality. 352           (1-a) Before  the publication  of  a  notification           under sub-section  (1) the  State Government shall           cause to  be published in the Official Gazette and           also at  least in one newspaper circulating in the           area a  proclamation announcing  the intention  of           Government to issue such notification and inviting           all persons  residing within  such area  to submit           their  objections,  if  any,  in  writing  to  the           District Magistrate within one month from the date           of publication of the proclamation in the Official           Gazette.             (1-b)  The District  Magistrate shall,  with all           reasonable despatch,  forward  all  objections  so           submitted along  with his  views  thereon  to  the           State Government  who shall, before publication of           the notification  under sub-section(1),  take into           consideration the  objections and  views forwarded           as above.           (2)  An   area,  in   respect  of   which  such  a           notification has  issued, is  hereinafter called a           "notified area".      In August  1972, the  State Government proclaimed their intention to issue a notification under sub-s.(1) of s.417-A of the  Act in  respect of  certain areas in the district of Ganjam, and  invited objections from persons residing within the area.  The proclamation  was published in English in the Orissa Gazette,  and in  the same  language in a local Oriya newspaper, the  "Daily Samaj".  It seems  that no objections were received  and on  March 31,  1977, the State Government issued a notification constituting with effect from April 1, 1977, the area specified in the appended Schedule a notified area in  terms of  sub-s.(1) of  s.417-A  of  the  Act.  The notification stated  that the notified area would consist of two villages,  Ganjam  and  Damodarpur,  and  that  all  the provisions of the Act would be applied to the notified area.      The residents  of the  villages Ganjam  and  Damodarpur filed writ  petitions in  the  High  Court  challenging  the

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validity of  the notification  dated  March  31,  1977.  Two points were  taken in  the main.  It was  contended that the proclamation conveying the intention of the State Government to constitute  a notified  area was vague in content and did not specify whether all the purposes of the Act or only some of them,  and if  so  which,  were  to  be  the  subject  of administrative  provision  in  relation  to  the  area.  The residents of the area, it was urged, were thus deprived of a full and  proper opportunity  to express  their views on the proposal of 353 the Government.  The second  contention was that most of the residents did  not know  English, and as the proclamation as made in the English language, both in the Orissa Gazette and in the  local newspaper,  the publication  served no purpose and was  contrary to  the intent of the statute. Both points found favour  with the  High Court  and,  consequently,  the notification was quashed.      In this  appeal, the appellant, the State of Orissa has attempted  to  show  that  the  proclamation  satisfied  the requirements of the statute and that the High Court erred in finding fault with it.      The extension of the Orissa Municipality Act to an area other than  a municipality  is a matter of serious moment to the residents  of the  area. It  results in the provision of amenities and conveniences necessary to civil life and their regulation by  a local  body. But  the Act also provides for the imposition of taxes of different kinds on the residents. The tax  structure does  not embody  an  integrated  unified impost expressed in a single tax measure. Different kinds of taxes are  contemplated by  the Act. The scheme set forth in Chapter XXX-A  of the Act intends that before the Government extends the  operation  of  the  Act  to  an  area  under  a municipality it  must afford  an opportunity  to  the  local residents to  object to  the proposed action. The objections are submitted  to the  District Magistrate who forwards them along with  his views  to the  State Government.  The  State Government must  take into  consideration all  the  material before it  and decided thereafter what should be the precise area to which the Act should be extended, and indeed whether all the  provisions of  the Act  or only  certain  specified provisions should  be so  extended. The  possibility of some only of  the provisions  of the  Act being  applied  to  the notified area  is evident  from the terms in which the grant of power  has been  conferred on  the State Government. Sub- s.(1) of  s.417-A specifically  envisages that  when issuing the notification  contemplated therein  the State Government must decide  whether administrative  provision needs  to  be made "for all or any of the purposes" of the Act in the area proposed to  be notified.  Unless the proposal formulated in the  proclamation  made  under  sub-s.(1-a)  of  s.417-A  is precise and  clear, and  indicates with  sufficient accuracy the area  intended to  be notified,  and  further  indicates whether the administrative provision is proposed for all the purposes of  the Act  or only some of them, and if only some of them  then which of them, it will not be possible for the residents to  properly avail  of the right conferred on them by the  statute to  make their objections to the proposal of the State Government. We do not see how it can be otherwise. 354      The proclamation  issued by  the State Government under sub-s.(1-a) of s.417-A states:      "In pursuance  of sub-section  (1-A) of  s.417-A of the      Orissa Municipal  Act, 1950 (Orissa Act 23 of 1950) the      State Government  do hereby announce their intention to

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    issue a  notification under sub-section (1) of the said      section in  respect of  the area  in  the  district  of      Ganjam, specified in the schedule appended hereto.      Any person  residing within  the said  area may  submit      his/her objections,  if any, in writing to the District      Magistrate, Ganjam,  within one  month from the date of      publication of this proclamation in the Orissa Gazette.                           Schedule ----------------------------------------------------------- Name of Village           Police Station    Name of the G.P.                                             with  Thana  No. ----------------------------------------------------------- 1                       2                               3 1. Ganjam       Chartrapur Thana No. 17              Ganjam 2. Damodarpur   Chartrapur Thana No. 17            Ainchpur" While it  may be  possible to  say that the areas covered by the proposal  are indicated with sufficient precision, it is not possible  to hold  that all  the purposes  of the Act or only some of them were intended for administrative provision in  the  proposed  area.  The  declaration  that  the  State Government intends  to issue  a notification under sub-s.(1) of  s.417-A  does  not  satisfy  the  statutory  requirement because a  notification under that sub-section may either be for all  the purposes  of the Act or for any of them. In our opinion, the  proclamation made under sub-s.(1-a) of s.417-A is  ambiguous   and  incomplete.  It  is  not  the  kind  of notification which  will ensure  that the  intention  behind making it and calling for objections will be served. On that ground alone  the High  Court was  justified in allowing the writ petitions.      The  next   point  concerns   the   validity   of   the proclamation made  under sub-s.1(a) of s.417-A of the Orissa Municipal   Act.   The   sub-section   requires   that   the proclamation should be published in the official Gazette and also at  least in  one newspaper  circulating in  the  area. Admittedly, the proclamation was framed 355 in the  English language,  in the  Gazette as well as in the local newspaper,  the "Daily  Samaj". The  Oriya Gazette  is published in English, and that being so the intention of the legislature in  sub-s.1(a) must  be construed to be that the proclamation in  Gazette should  be in the English language. But the  proclamation in  the  newspaper  was  also  in  the English language.  The contention of the resident, which has found favour  with the  High Court, is that the notification should have  been in Oriya, the local language of the people residing in the area and invited to submit their objections. Our attention  has been  drawn to  rule 602  of  the  Orissa Municipal Rules, 1953 which provides:           "(1) Every  notification required  to be published           by a  municipal council  under the  Act  shall  be           published in  Oriya by  affixture  in  the  notice           board of  the municipal  office concerned and also           proclaimed by beat of drum.           (2) Every notification required to be published by           the State  Government  in  the  prescribed  manner           shall be published in English in the Gazette." There is  nothing, however, in rule 602 which prescribes the language in  which  the  proclamation  under  sub-s.1(a)  of s.417-A of the Orissa Municipal Act has to be made. Sub-rule 1 of  rule 602  deals with  the notification  published by a municipal council while sub-rule 2 deals with a notification published in the Gazette by the State Government. We have no doubt in  our mind  that having  regard to  the object  with which a  proclamation is required to be published under sub-

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s.1(a) of  s.417-A of  the Orissa  Municipal Act, it must be published in  the local  language of  the area  in which the newspaper circulates.  It is  apparent that  the legislature attaches serious  importance to eliciting the opinion of the residents  of   the  area   who  will  be  affected  by  its constitution as  a notified  area, and  that is  why express provision in  that behalf  was made in sub-s.(1) of s.417-A. The legislature  did not  consider it  sufficient  that  the proclamation was  published in the official Gazette. It is a notorious fact  that few  people beyond  those who belong to the official  community actually  read the official Gazette. Therefore, the  legislature imposed  the further requirement that the  proclamation should  be published  in a  newspaper circulating in  the area.  A newspaper  today has  become  a basic  medium   for  communication   with  the  people.  Its effectiveness in that regard cannot be disputed, even as its influence in the dissemination of information cannot be 356 underestimated. To  reach out  to the  people,  it  must  be published in  a language with which they are familiar. In so fundamental  a   matter   as   local   self-government   the legislature intended that an opportunity should be available to all  persons residing  within the  area to  submit  their objections. The  local language  of the  area is  Oriya, and therefore the  State Government  should have  published  the proclamation in  that language  in the  newspaper.  On  this point also  we find  ourselves in  agreement with  the  High Court.      The appeals are dismissed with costs. A.P.J.                                    Appeals dismissed. 357