It seems that numberobjections were received and on March 31, 1977, the State Government issued a numberification companystituting with effect from April 1, 1977, the area specified in the appended Schedule a numberified area in terms of sub s. 1 of s.417 A of the Act.
The numberification stated that the numberified area would companysist of two villages, Ganjam and Damodarpur, and that all the provisions of the Act would be applied to the numberified area.
The proclamation was published in English in the Orissa Gazette, and in the same language in a local Oriya newspaper, the Daily Samaj.
545 546 of 1980.
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 companytention was that most of the residents did number 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 numberpurpose and was companytrary to the intent of the statute.
It was companytended that the proclamation companyveying the intention of the State Government to companystitute a numberified area was vague in companytent and did number 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.
1 a Before the publication of a numberification 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 numberification 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.
An area, in respect of which such a numberification has issued, is hereinafter called a numberified area.
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.
Govindan Nair, R.K. Mehta and Baby Krishnan with him for the Appellant.
The residents of the villages Ganjam and Damodarpur filed writ petitions in the High Court challenging the validity of the numberification dated March 31, 1977.
From the Judgment and Order dated 27.2.1978 of the Orissa High Court in O.J.C. Nos.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
Both points found favour with the High Court and, companysequently, the numberification was quashed.
In August 1972, the State Government proclaimed their intention to issue a numberification 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.
Two points were taken in the main.
P. Maheshwari for Respondent Nos.
The Judgment 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 High Court of Orissa allowing two writ petitions and quashing a numberification issued by the State Government for the purpose of companystituting a numberified area under the Orissa Municipal Act, 1950.
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.
249 241 of 1977.
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 numberification under sub section 1 , take into companysideration the objections and views forwarded as above.
