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1985 Supreme(SC) 246

R.S.PATHAK, A.N.SEN
State Of Orissa – Appellant
Versus
Sridhar Kumar Mallik: Raghunath Das – Respondent


Advocates:
B.P.MAHESHVARI, BABY KRISHNAN, G.S.CHATTERJEE, P.GOVINDAN NAYAR, R.K.MEHTA

Judgment

R. S. PATHAK, J. :- These appeals by special leave are directed against the judgment and order dated Feb. 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.

2. 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 municipalty to fulfil its functions 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, co
























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