Orissa High Court Directs State Govt To Withhold Final Orders On Establishment Of New Districts Sans Court Approval

The Orissa High Court last week directed the State government to refrain from issuing a final order on district reorganization without the leave of the court. This comes as a setback for the state government which was contemplating creating a new district of Padampur, a sub-division of Bargarh district, as a new district.

"...this Court feels it necessary that the process of reorganization of the district, which the State Government wants to undertake may continue, but no final order shall be passed without leave of this Court," a bench of Acting Chief Justice B. R. Sarangi and Justice M. S. Raman order while hearing a PIL (Public Interest Litigation) plea.

The PIL plea filed by one Akshaya Kumar Mohanty essentially sought a direction to the state government to constitute a high-level committee under the Chairmanship of an incumbent/retired Judge of this Court to examine the demands for the creation of new districts in Odisha and a further seeks direction to the opposite parties to decide on the formation of new districts according to the report of the committee so constituted.

The petitioner further sought direction to the opposite parties to declare Rairangpur as a new district taking Bamanghati (commonly known as Rairangpur) and Panchapid (commonly known as Karanjia) sub-divisions under its fold.

Odisha currently comprises 30 districts, with the most recent district reorganization occurring in 1993. During this reorganization, a total of 17 new districts were created, emerging from the division of 13 existing districts.

The petitioner contended that the criteria for the creation of a new district had not been laid down by the Government and, as such, at the caprice and whims of the Government, districts have been created, without taking into consideration the criteria fixed by the Justice Raj Kishore Das Committee (1975) and also subsequent Cabinet Sub-Committee.

It was further submitted that in the year 1975, a Districts Reorganization Committee led by Justice Raj Kishore Das provided guidelines for creating new districts, including a population of 15-20 lakh, a minimum area of 15,000 sq. km (flexible in certain situations), and consideration of economic conditions and backwardness.

After a lapse of over 15 years, a Cabinet Sub-Committee acted on the recommendations, resulting in the expansion of districts from 13 to 30 in 1993, however, currently, there are no established guidelines for creating new districts.

On the basis of the pleadings available on record, the Court notes that it "appeared that the State was going to make further districts without having any guidelines or principles and at the caprice and whims of the Government, new districts have been created".

As such, about the power of formation of new districts, save and except the report of the Justice Raj Kishore Das Committee in the year 1975 and the Cabinet Sub-Committee of 1991, nothing is made available or placed on record as to how to re-organize the districts in the recent days, the Court added.

Therefore, as the Advocate General prayed for and was granted time to obtain instructions in the matter while directing the government that the process of reorganization of the district, which the State Government wants to undertake may continue, but no final order shall be passed without leave of the High Court.