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.