Supreme Court of India · 1971-08-25
DISTRICT COUNCIL OF UNITED KHASI & JAINTIA HILLS& ORS. ETC. vs MISS SITIMON SAWIAN ETC.
- Citation / case number
- SC 1968/60366
- Court
- Supreme Court of India
- Petitioner
- DISTRICT COUNCIL OF UNITED KHASI & JAINTIA HILLS& ORS. ETC.
- Respondent
- MISS SITIMON SAWIAN ETC.
- Author
- SIKRI, S.M. (),MITTER, G.K.,VAIDYIALINGAM, C.A.,REDDY, P. JAGANMOHAN,DUA, I.D.
- Bench
- SIKRI, S.M. (CJ),MITTER, G.K.,VAIDYIALINGAM, C.A.,REDDY, P. JAGANMOHAN,DUA, I.D.
Judgment text excerpt
The Supreme Court held that the United Khasi-Jaintia Hills District Council lacks the constitutional authority under Para 3(1)(a) of the Sixth Schedule to legislate on the transfer of land, as such power is not explicitly granted. The Court found that the terms 'allotment, occupation or use, or the setting apart of land' do not encompass transfer or alienation, indicating a clear intent by the Constitution makers to limit the Council's legislative powers. Consequently, Section 3 of the United Khasi-Jaintia Hills District (Transfer of Land) Act, 1953 was declared void for exceeding the jurisdiction of the District Council.