DISTRICT COUNCIL UNITED KHASI JAINTIA HILLS SHILLONG Vs. KA DREPSILA LYNGDOH OF SYLLAI U LOR MYLLIEM MYLLIEM SEIMSHIP UNITED KHASI JAINTIA HILLS

JUDGEMENT

(1.) The only question arising for decision in these two appeals. brought on certificates granted by the Assam and Nagaland High Court, is whether the jurisdiction of the District Council of the United Khasi-Jaintia Hills, extends to the area called Bara Bazar in village Mawkhar in Shillong.

(2.) The question arises in this way. The first respondent in each of these appeals had a shop in Bara Bazar, which is a well-known market area, and both these shops were destroyed by fire. In December 1964 the Siem of Mylliem permitted Ka Tiewmon Kharkongar, the first respondent in Civil Appeal No. 1476 of 1969, to construct on the old site a shop similar to the one she had which was gutted by fire. A similar permission was given in May 1965 to Ka Dregpaila Lyngdoh the first respondent in Civil Appea1 No. 1475 of 1969. On July 19, 1965, however, the Siem of Mylliem by a written order asked respondent Ka Tiewmon Kharkongar not to proceed with the construction of the shop; it was stated in the order that the Executive Committee of the District Council, United Khasi-Jaintia Hills, had directed that no new construction, reconstruction or renovation of stalls should be undertaken in Bara Bazar unless approved by the Executive Committee and that all constructions in progress should be stayed. Respondent Ka Drapsila Lyngdoh also received a similar communication from the Siem of Mylliem on May 16, 1966. Both these respondents filed writ petitions in the Assam and Nagaland High Court questioning the authority of the Executive Committee of the District Council to make any order in respect of the Bara Bazar area which they contended was outside the District Council's jurisdiction. The High Court disposed of the two writ petitions by a common Judgment. The High Court found that the District Council had no jurisdiction, administrative or otherwise, over the area in question, and quashed the orders by which the respondents were prohibited from constructing their shops in that area. From the decision of the High Court, the District Council, United Khasi-Jaintia Hills, Shillong, and its Executive Committee have preferred the instant appeals.

(3.) The United Khasi-Jaintia Hills District is a tribal area within the State of Meghalaya as will appear from Part II, item I of the Table appended to Paragraph 20 of the Sixth Schedule of the Constitution. Article 244 (2) of the Constitution lays down that the provisions of the Sixth Schedule shall apply to the administration of these tribal areas. Paragraph I of the Sixth Schedule provides inter alia that the tribal areas in each item of Parts I and II and in Part III of the Table appended to paragraph 20 of this Schedule shall be an autonomous district. It is provided in paragraph 2 of the Schedule that each autonomous District shall have a District Council which would be a body corporate, vested with the power to administer the District. Paragraph 6 of the Schedule which enumerates some of the powers of the District Council states inter alia that the District Council for an autonomous district may establish, construct, or manage primary schools, dispensaries, markets, cattle pounds, ferries, fisheries, roads, road transport and water-ways in the district. There is no dispute that the territories comprised within the United Khasi-Jaintia Hills District include the Bara Bazar area. There could be also no disputes in view of paragraph 6 of the Schedule, as to the power of the District Council to manage the Bara Bazar Market and to issue for that purpose the orders impugned in these two cases. if the provisions of the Sixth Schedule to which we have so far referred were the only relevant provisions for consideration. However, paragraph 20 of the Schedule has a proviso which states that:"for the purposes of clauses (e) and (f) sub-paragraph (1) of paragraph 3, paragraph 4, paragraph 5, sub-paragraph (2), clauses (a), (b) and (d) of sub-paragraph 3 and sub-paragraph (4) of paragraph 8 and clause (d) of subparagraph (2) of paragraph 10 of this Schedule, no part of the area comprised within the municipality of Shillong shall be deemed to be within the United Khasi-Jaintia Hills District." Therefore, if any part of the area comprised in the United Khasi-Jaintia Hills District were included in the municipality of Shillong before the said District came into being,, the powers conferred on the District Council, inter alia, by paragraph 6 of the Sixth Schedule would not be available to the Council in respect of that area. The question then comes to this, did the municipality of Shillong include within its limits the Bara Bazar area