Supreme Court of India · 1986-08-14
DISTRICT COUNCIL OF THE JOWAI vs DWET SINGH RYMBAI ETC.
- Citation / case number
- SC 1972/60465
- Court
- Supreme Court of India
- Petitioner
- DISTRICT COUNCIL OF THE JOWAI
- Respondent
- DWET SINGH RYMBAI ETC.
- Author
- E.S. VENKATARAMIAH
- Bench
- E.S. VENKATARAMIAH
Judgment text excerpt
The Supreme Court examined the legality of the royalty imposed by the Jowai Autonomous District Council on timber from private forests under the United Khasi and Jaintia Hills Autonomous District (Management and Control of Forests) Act, 1958 and the Jowai Autonomous District (Administration) Act, 1967. The Court held that the District Council lacked constitutional authority to levy such a royalty, classifying it as a tax, which is not permissible under Article 244(2) and the Sixth Schedule of the Constitution. Consequently, the Court upheld the High Court's decision to issue a writ of mandamus restraining the District Council from collecting the royalty.