N.K. Mitra, J. - (1.) This writ application has been moved by the Bidhan Nagar (Salt Lake) Welfare Association, a registered body and also by some other members of the said registered association challenging inter alia, the Government of West Bengal. Department of Municipal Affairs Notification No. 490/C -4/MIM -29/94 and No. 491/C -4/MIM -9/92 both dated 30th September, 1994 and also the government Notification No. 55/ C -4/MIM -9/92 and No. 56/C -4/MIM -29/94 both dated 7th February. 1995 by which, the Governor of West Bengal was pleased to exclude the local areas mentioned therein from the Rajarhat -Gopalpur Municipality in the District of North 24 -Parganas and to include the said local areas within the notified area of the Bidhan Nagar Notified Area Authority respectively. The contentions of Mr. Ghosh, learned senior counsel appearing on behalf of the writ petitioners inter alia, are that the said notifications are violative of Ss. 3. 9 and 378 of the West Bengal Municipal Act, 1993 as amended by the West Bengal Municipal (Amendment) Act. 1994 since the Governor did not form his opinion in the matter following the statutory norms as laid down in Ss. 3. 9 and 378(1) of the said Act. Mr. Ghosh also contends that formation such opinion is no doubt legislative process, but existing of circumstances suggesting with inference must be made out. In other words, according to Mr. Ghosh, the subjective satisfaction of the Governor in forming such opinion must be based upon certain objective standards, which are totally lacking in the present case. Mr. Ghosh in support of his said contention relies upon the decision of the Supreme Court in : AIR 1967 S.C. 295 and also upon a Patna High Court decision in, AIR 1969 Pat 88. Mr. Ghosh further contends that as the notifications as contained in Annexures "A" and "B" to the writ application were not published as per the time schedule prescribed under the West Bengal Municipal Act, 1993 depriving thereby the residents of Salt Lake Notified Area, sufficient opportunity to make their representations in the matter. The said Notifications and also the subsequent gazette notifications being annexures "D" and are also bad in law and since the decision and/or opinion of the members of the Bidhan Nagar Notified Area Authority does not reflect the opinion of the general public in the said notified area, the powers conferred by Sub -Section (4) of Sec. 378 of the West Bengal Municipal Act. 1993 could not have been invoked by the Governor to include the said local area as contained in the said notification ("E") within the Bidhan Nagar Notified Area.
(2.) Mr. Ukil. learned Government Pleader appearing on behalf of the respondents has opposed the contention of Mr. Ghosh submitting inter alia, that the mouzas mentioned in the impugned notifications already formed part of Salt Lake Police Station, and in view of Sec. 379 of the aforesaid Act, Sec. 3 thereof does not apply to a notified area and he refers to Sec. 378 and Sec. 9 and also the definition of 'Municipality' as contained in Clause (38A) read with clause (35) of Sec. 2 of the aforesaid act and also Sec. 5 of the said act and Article 243Q of the Constitution of India. Mr. Ukil also contends that in view of Sec. 5 read with Sec. 378(2) of the aforesaid Act the petitioners have no locus standi to move the present writ application and referred to the decisions of the Supreme Court in : AIR 1980 SC 882; AIR 1980 SC 261 and AIR 1984 SC 583 for the purpose that inclusion or exclusion of any area into or from any notified area or municipality, is only a legislative process, and the question of natural justice or the principle of audi alteram partem does not apply to such process and the statutory provisions of law were followed in the present case regarding publication of the impugned notifications, once such notifications are published after completing the statutory formalities the decisions of the Governor in the matter become final and beyond any judicial review.
(3.) Lastly, Mr. Ukil, however, submits inter alia, on instruction, that if necessary, the State respondents concerned are ready and willing to hear the objections to be filed by the Salt Lake people, if they so desire and if such objections are filed within the time as may be specified by the court, before taking any final steps in the matter by the State respondents concerned. Clauses (35) and (38A) of Sec. 2 of the West Bengal Municipal Act, 1993 defines the words "municipal area" and "municipality" respectively as follows: - such objections are filed within the time as may be specified by the court before taking any final steps in the matter by the State respondents concerned. Clauses (35) and (38A) of Sec. 2 of the West Bengal Municipal Act, 1993 defines the words "municipal area" and "municipality" respectively as follows: 2. Definitions. - In this Act, unless there is anything repugnant in the subject or context, * * * * * * * * (35) "municipal area" means any place in which this Act, or any part thereof, is in force; * * * * (38A) "Municipality" means a Municipal Council for a smaller urban area as defined in article 243Q of the Constitution of India. According to the above definition of "municipal area" read with Sec. 379 of the West Bengal Municipal -1 Act, 1993, it is quite clear that Bidhan Nagar Notified Area is a 'municipal area'. Section 3 of the West Bengal Municipal Act. 1993 relevant portions of which are quoted below, deals with the Governor's power to declare his intention to constitute a municipal area while Sec. 9 thereof, which is also quoted below, speaks of the State Government's power to abolish or alter the limits of a municipal area: 3. Declaration of intention to constitute a municipal area, whenever it appears to the (Governor) that any town, together with, or exclusive of any railway station, village, land or building in the vicinity of any such town - (i) contains a population of not less than 20,000 inhabitants. (ii) has a density of population of not less than seven hundred and fifty inhabitants per square kilometre of area, and (iii) has an occupational pattern in which more than one -half of the adult population are chiefly engaged in pursuits other than agriculture , and if the (Governor) is satisfied that if such town is constituted a municipal area, the municipal income from taxation and other sources is likely to be adequate for the discharge of municipal function under this Act, the (governor) may, by notification, declare (his] intention to constitute such town a municipal area under this Act. 9. Power to abolish or alter the limits of a municipal area. -The State Government may by notification, - (a) withdraw any municipal area from the operation of this Act; or (b) exclude from a municipal area any local area comprised therein and defined in the notification; or (c) include within a municipal area any local area contiguous to the same and defined in the notification; or (d) divide any municipal area into two or more municipal areas; or (e) units two or more municipal areas so as to form one municipal area: or (f) revise the boundary of two or more contiguous municipal area; or (g) re -define the boundaries or limits of a municipal area; or (h) [****]: Provided that the procedure laid down for the constitution of a municipal area under this Act shall be followed mutatis mutandis in each such case: Provided further that the views of the Municipality affected by any such order shall be taken into consideration before a final declaration is made. Section 378 of the West Bengal Municipal Act. 1993 which is quoted below, speaks of the constitution of 'notified area', while Sec. 379 of the said Act deals with the application of provisions relating to municipality to notified area and the said Sec. 379 is also quoted below for our conveniences: 378. Constitution of notified area. - (1) Whenever, in the opinion of the (Governor) it is necessary to make provisions for all or any of the purpose of this Act in respect of - (i) any urbanised area which does not fulfil the conditions for being immediately constituted a municipal area under this Act, or (ii) any area which is comprised in a newly developing town, or (iii) any area in which new industries have been or are being established, the [Governor] may, by notification, specify such area and declare [his] intention so to do. (2) Any inhabitant of the area in respect of which a notification has been published under Sub -section (1) may, if he objects to the making of any provision as aforesaid, submit his objection in writing to the State Government within three months from the date of publication of the notification. (3) The [Governor] may, after considering the objections, if any received by [him] during the period referred to in Sub -section (2). make an order - (a) withdrawing the notification under sub -section (1), or (b) constituting the area specified in the notification or any part thereof as a notified area for the purposes of this Chapter. (4) The (Governor) may. by order made after declaration by notification of [his] intention so to do followed by the consideration of any objection, thereto received within three months from the date of publication of the notification, add new areas to a notified area constituted under this Section. * * * * 379. Application of provisions relating to Municipality to notified area. - Notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force, all the provisions of this Act, except the provisions of Sec. 3, Sec. 4, Sec. 5 and Sec. 6, which apply to a Municipality, shall also apply to a notified area.;