Supreme Court of India
STATE OF ORISSAversusSRIDHAR KUMAR MALIK AND ORS. ETC. ETC.
- Citation
- 1985 INSC 164
- Decided
- 31 July 1985
- Disposal
- Dismissed
- Bench
- R S PATHAK
Holding
The proclamation was ambiguous and incomplete, and its publication solely in English violated the statutory intent, so the High Court’s quashing of the notification was upheld.
Summary
The State of Orissa issued a proclamation in English, both in the Official Gazette and a local newspaper, announcing its intention to declare two villages as a notified area under Section 417-A of the Orissa Municipal Act, 1950, and invited objections. The residents challenged the proclamation on two grounds: (1) it failed to specify whether the Act would apply in whole or in part, rendering it vague, and (2) it was published only in English, a language not understood by most locals, contrary to the statute’s purpose. The Supreme Court held that the proclamation was ambiguous because it did not indicate the scope of application, and that the language requirement necessitated publication in the local language (Oriya) in the newspaper to ensure effective notice. Consequently, the Court affirmed the High Court’s decision to quash the notification and dismissed the State’s appeal.
Issues considered
- The proclamation under s.417-A(1)(a) must clearly state whether the Act will be applied for all purposes or only specific purposes.
- The proclamation must be published in the local language of the area in the newspaper to give effective notice to residents.
Legislation cited
- Orissa Municipal Act, 1950s. 417-A(1), s. 417-A(1)(a), s. 417-A(1)(b), s. 417-A(2)
- Orissa Municipal Rules, 1953s. Rule 602
Subjects
notified areaproclamationlanguage of publicationmunicipal actstatutory interpretationright to objectlocal self-governmentOrissa
Judgment
,
349
. A
STATE OF ORISSA
v.
SRiDHAR KllMAR MALIK AND ORS. ETC, ET(),
JuLY 31, 1985
[R.S, PATHAK AND AMARENDRA NATH SEN, JJ.] B
Orissa Municipal Act, 1950, Chapter XXX-A, Section 417-A.and
Rule 602 of the Orissa Municipal Rules, 1953 - Ftoclamation
constituting notified ares published in English language both in
the Official Gazette and the local newspaper - Validity of.
c
Chapter XXX-A of the Orissa Municipal· Act, 1950 also
empowers the State Government to apply the provisions of the Act
to areaa other than the towns, called "notified aress". ·Under· s.
417-A in that ·Chapter, before the Government extends the opera-
tion of the Act to an ares under a llllnicipality it 11USt afford an
opportunity to the local residents to object to the proposed D
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 provisi~ of
the Act or only certain specified provisions should be so
extended.
E
In August 1972 the State Government _proclaimed their inten-
tion to issue a notification under sub-s.(1) of a.417-A of the
Act in respect of certain aress in the District of Ganjlll'll and
iovited 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 F
to this proclamation no objection was received. On March 31, 1977
the State Government issued a notification constituting with
effect fl"9111 April 1, 1977, the area of Ganjain and Damodarpur
villages as a notified area_ in terms of sulMh (1) of a. 417-A
and making all the provisions of the Act applicable.
G
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 proclama-
tion conveying the intention of the Government to constitutue a
notified ares was vagl1e in content and did not specify whether
H
•
all the purposes of the Act or only some of them, and if so
350 SUPREME COURT REPORTS [1985] SUPP.2 s.c.R.
A 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 wss made in the English language,
both in the Orissa Gazette · and in the local newspaper, the
B publication served no purpose and wss contrary to the intent of
the statute. Both the grounds found favour with the High Court
and consequently the notification wss quashed.
Dismissing the appeal of the State,
BEIJJ: '1. The declaration that the State Government intends
c to issue a notification under sub-s.(l) 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 ali the
purposes of the Act or only some of them were intended for
D administrative provision in the proposed area. Therefore, the
· proclamation made under sub-s.(1-a) of the s.417-A wss ambiguous
and incomplete and wss not the kind of notification which would
ensure that the intention behind making it and calling for
objections would be served. (354 F-ll]
E 2. Sub-s.(l)(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
F. of the legislature in sub-s.(l)(a) 1111St 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 concer-
ned, Rule 602 of the Orissa Municipal Rules 1953 does not pres-
cribe the language in which the proclamation under sub-s.(l) of
s.417-A of the Act has to be made. Having regard to the object
G 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 1111St 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
H is Oriya and, therefore, the State Government should have
published the proclamation in . the newspaper in that language.
r~<Ali 1<< A-R- 356 A-Bl
STATE v. S.K. MALIK [PATHAK, J.] 351
A
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 Q,J.C. Nos. 249 & 241 of 1977.
B
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. Chatterjee (Not ptesent) for Respondent No. 3 in
545 of 1980.
c
The Judgnent of the Court was delivered by
PATHAK, J. These appeals -by special leave are directed
- against the judgment and order dated February 27, 1978 of the
D
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 Constitu-
tion of Municipalities and the application and enforcement of
E
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, pla~es of public resort and entertainment,
F
as well as provisions for raising truces to enable the Munici-
pality 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 nunicipality. But
under Chapter XXX-A of the Act the State Government has been
empowered to apply the provisions of the Ac.t to other areas,
G
conveniently described as "notified areas". Section 417-A in
that Chapter provides
"417-A.(l) 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
H
• in any area, specified in the notification other than
a nunicipality.
352 SUPREME COURT REPORTS [lg',5] SUPP:2 s.c.R.
A (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
B such area to submit their objections, if any, in
writing to the District Magistrate within one month
from the date of publication of the proclanation in
the Official Gazette.
(1-b) The District Magistrate shall, with all reason-
able despatch, forward all objections so submitted
c along with his views thereon to the Stace Government
who shall, before publication of the notification
under sub-section(l), t;ake 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"•
D
In August 1972, the State Government proclaimed their inten-
tion to issue a notification under sub-s.(l) 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
E in the same language in a local Oriya newspaper, the "Daily
Samaj" • It seema 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 appen-
ded Schedule a notified area in terms of sub-s.(l) of s.417-A of
the Act. The notification stated that the notified area would
F consist of two villages, Ganjam and Dam:idarpur, and that all the
provisions of the Act would be applied to the notified area.
The residents of the villages Ganjam and Daioodarpur filed
writ petitions in the High Court challenging the validity of the
notification dated March 31, 1977. Two points were taken in the
G main. It was contended that the proclamation conveying the
intention of the State Government to constitute a notified area
was vague Jn 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
H and proper opportunity to express their views on the proposal of
STATE v. S .K. MALIK [PATHAK, J.] 353
the Government. The second contention was that most of the resi- A
dents 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 1 consequently, the notification was quashed.
B
In this appeal, the appellant, the State of Orissa has
attempted to show that the proclamation satisfied the require-
ments of the statute and that the High Court erred in finding
fault with it.
The extension of the Orissa Municipality Act to an area C
other than a municipality is a matter of serious moment to the
reside.nts of the area. It results in the provision of airenities
and conveniences necessary to civil life and their regulation by
a local body. But the Act also provides for the imposition of
tl!T'.es of different kinds on the residents. The tax structure does
not embody an integrated.unified impost expressed in a single tax D
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 Gcvernment 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 the\n along with
his views to the State Government. The State Government 1111st take E
into consideration all the material before it and decided there-
after 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 F
the grant of power has been conferred on the State .Government.
Sub-s.(l) of s.417-A specefically envisages that when issuing the ,
notification contemplated therein the State Government n>.1St
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 G
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 w"hether the administrative provisl.on is pro-
posed for all the purposM of the Act or· only some of th~m, 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 H
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 SUPREME COURT REPORTS [1985] SUPP.2 s.c.R.
A
The proclamation issued by the State Government under
sub-s.(l:....) 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
B
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 l!l)nth from the date of
c publication of this proclamation in the Orissa
Gazette.
Schedule
Name of Village Police Station Name of the G.P:
D
with Thana No.
1 2 3
1. Gan jam Chatrapur Thana No.17 Ganjam
2. Dal!l)darpur Chatrapur Thana No.17 Ainchpur"
E
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.(l) of s.417-A does not satisfy the
F statutory requirement because a notification under that sub-sec-
tion may either be for all the purposes of the Act or for any of
them.· In our opinion, the proclamation made under sub-s.(l:....) of
s.417-A is ambiguous and incomplete. It is not the kind of noti-
fication which will ensure that the intention behind making i t
and calling for objections will be served. On that ground alone
G
the High Court was justified in allowing the writ petitions.
The next point concerns the validity of the proclamation
made under sub-s.l(a) of s.417-A of the Orissa Municipal Act.
The sub-section requires that the proclamation should be publish-
ed in the official Gazette and also at least in one newspaper
H
circulating in the area. Admittedly, the proclamation was framed
STATE v. S.K. MALIK [PATHAK, J.J 355
in the English language, in the Gazette as well as in the local A
newspaper, the "Daily S/unaj". The Oriya Gazette is published in
English, and that being so the intention of the legislature in
sub-s.l(a) oost 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 conten-
tion of the resident; which has found favour with the High Court, B
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:
"(l) Every notification required to be 'published by a C
1111nicipal council under the Act.shall be published in
Oriya by af fixture in the notice board of the
1111nicipal office concerned and also proclaimed by beat
of drum.
(2) Every notification required to be published by the D
State Government in the pre,.cribed 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.l(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 E
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 pubrished under sub-s.l(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 F
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 provison
in that behalf was made in sub-s.(l) 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 G
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 H
as its influence in the dissemination of information cannot be
356 SUPREME COURT REPORTS [1985] SUPP:2 s.c.R.
underestimated. To reach out to the people, it 1111st be published
A 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 avaHable to all persons residing within
the area to submit their objections. The local language of the
B 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.
c
The appeals are dismissed with costs.
A,p;J, Appeals dismissed.
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