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may 2013

Supreme Court of India · 2013-05-07

Sundargarh Zilla Adivasi Adv.Asso.& ... vs State Govt. Of Odisha & Ors

Citation / case number
AIR 2013 SUPREME COURT 2108
Court
Supreme Court of India
Petitioner
Sundargarh Zilla Adivasi Adv.Asso.& ...
Respondent
State Govt. Of Odisha & Ors
Author
Madan B. Lokur
Bench
Madan B. Lokur, J. Chelameswar, R.M. Lodha

Judgment text excerpt

The Supreme Court ruled that the provisions of the Orissa Municipal Act, 1950 do not apply to Sundargarh district, which is a Scheduled Area under Clause 6(1) of the Fifth Schedule of the Constitution. The Court emphasized that Article 243-ZC explicitly states that Part IX-A of the Constitution does not apply to Scheduled Areas unless extended by Parliament, which has not occurred in this case. Therefore, the Court held that the administration of Sundargarh is governed by the Fifth Schedule, affirming the non-applicability of municipal laws in this context.

Sundargarh Zilla Adivasi Adv.Asso.& ... vs State Govt. Of Odisha & Ors · Niyam