SILCHAR DEVELOPMENT AUTHORITY Vs. SILCHAR MUNICIPAL BOARD

JUDGEMENT

(1.) Whether with the incorporation of Part- IX A, especially Article 243 ZF, in the Constitution of India by virtue of the Constitution (Seventy-Fourth Amendment) Act, 1992 (for short, 'the Amendment) given effect from 1.6.93 providing for continuance of the existing laws relating to Municipalities unless those are inconsistent with any provision of the Amendment, the proviso to Section 171, (1) of the Assam Municipal Act, 1956 (for short, 'the Act') wherein Development Authority, a creation of the Assam Town and Country Planning Act, 1959, has been empowered solely to grant sanction for erection of building within the municipal area prevailing upon the Municipal Board constituted under the Act, shall cease to operate automatically on the expiration of one year of time frame as stipulated in provision of law mentioned hereinabove from the date of commencement of the Amendment i.e. from 30.5.94, is the fundamental question raised in the instant writ petition.

(2.) It would be expedient to notice Section 171 (1) of the Act which reads as follows:

(3.) The petitioner, the Silchar Development Authority (for short, 'the Authority') has challenged the notification dated 27.12.1999 issued by the Chairman, Silchar Municipal Board (for short, 'the Board') (Annexure-B to the writ petition) on the ground that this Notification cannot be sustained in terms of the Amendment by which a new provision as Part-IX a under Chapter VI of the Constitution of India has been inserted with the heading of 'the municipalities' incorporating Articles from 243P to 243 SG, as the provisions of the Amendment especially Articles 243 W and 243 ZF was misinterpreted and misconstrued by the Board.