K.M. Joseph, J.

1. These appeals raise several common issues and, hence, we deem it appropriate to dispose of the same by this common judgment.

2. Appellants, in all these cases, are the respondents in the writ petitions. The questions, which we are called upon to pronounce on, revolve around the true position of the Governor under the Constitution, with regard to delimitation of boundaries of Municipalities and Municipal Corporations. To put it differently, the question is whether, when an area is specified to be a municipality within the meaning of Article 243-Q, read with Section 3 of The Uttar Pradesh Municipalities Act, 1916 (hereinafter referred to as the “1916 Act”), it is to be done by the Governor using his personal discretion, or, whether the word “Governor” is to be understood as the “Government”? An identical issue is to be decided in relation to Municipal Corporations, falling under the provisions of The Uttar Pradesh Municipal Corporations Act, 1959 (hereinafter referred to as the “1959 Act”), involving almost an identical interpretation on the debated issue.

3. In all these cases, the writ petitioners have called in question the Notification, which has been issued under Section 3(1) of the 1916 Act. Also, challenge is made to Notification issued under Section 3(2) of the 1959 Act. Section 3 of the 1916 Act reads as follows:

“3. Declaration etc. of transitional area and smaller urban area - (1) Any area specified by the Governor in a notification under clause (2) of Article 243-Q of the Constitution with such limits as are specified therein to be a transitional area or a smaller urban area, as the case may be.

(2) The Governor may, by a subsequent notification under clause (2) of Article 243-Q of the Constitution, include or exclude any area in or from a transitional area or a smaller urban area referred to in sub-section (1), as the case may be.

(3) The notifications referred to in sub-sections (1) and (2) shall be subject to the condition of the notification being issued after the previous publication required by Section 4 and notwithstanding anything in this section, no area which is, or is part of, a cantonment shall be declared to be a transitional area or a smaller urban area or be included therein under this section.”

Section 3 of the 1959 Act reads as follows:

“3. Declaration of larger urban area - (1) Any area specified by the Governor in a notification under clause (2) of Article 243-Q of the Constitution with such limits as are specified therein to be a larger urban area, shall be known as a City, by such name as he may specify.

(2) Where, by a subsequent notification under clause (2) of Article 243-Q of the Constitution the Governor includes any area in a city, such area shall thereby become subject to all notifications, rules, regulations, bye-laws, orders and directions issued or made under this or any other enactment and in force in the city at the time immediately preceding the inclusion of such area and all taxes, fees and charges imposed under this Act, shall be and continue to be levied and collected in the aforesaid area.”

4. Having read Section 3 of the 1916 Act, it is axiomatic that we must, next, refer to Section 4 of the 1916 Act. It reads as follows:

“4. Preliminary procedure to issue notification:

(1) Before the issue of a notification referred to in Section 3, the Governor shall publish in the Official Gazette and in a paper approved by it for purposes of publication of public notices, published in the district or, if there is no such paper in the district, in the division in which the local area covered by the notification is situate and cause to be affixed at the office of the District Magistrate and at one or more conspicuous places within or adjacent to the local area concerned a draft in Hindi or the proposed notification along with a notice stating that the draft will be taken i