PATHAK, J. - (1.) THE Judgment of the court was delivered by
(2.) THESE appeals by special leave are directed against the judgment and order dated 27/02/1978 of the High court of orissa allowing two Writ Petition 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 functions and obligations. Ordinarily 699 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 Ch. 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". S. 417-A in that Ch. 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. (1-a) Before the publication of a notification under sub- S. (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 Ss. (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 31/03/1977, the State government issued a notification constituting with effect from 1/04/1977, the area specified in the appended Schedule a notified area in terms of Ss. (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.
(3.) THE residents of the villages Ganjam and Damodarpur filed Writ Petition in the High court challenging the validity of the notification dated 31/03/1977. Two points were taken in the main. It was contended that the proclamation conveying the intention of the 700 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 the government. THE second contention was 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 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 satisfies the requirements of the statute and that the High court erred in finding fault with it.;