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august 1971

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.

DISTRICT COUNCIL OF UNITED KHASI & JAINTIA HILLS& ORS. ETC. vs MISS SITIMON SAWIAN ETC. · Niyam