C. A. VAIDIALINGAM, G. K. MITTER, I. D. DUA, P. JAGANMOHAN REDDY, S. M. SIKRI
District Council Of United Khasi And Jaintia Hills – Appellant
Versus
Sitimon Sawian – Respondent
Judgment
DUA, J.:- The short question requiring decisions in these appeals on certificate of fitness granted by the High Court of Assam and Nagaland under Article 132 (1) of the Constitution relates to the validity of Section 3 of the United Khasi-Jaintia Hills District (Transfer of Land) Act (No. IV of 1953) (hereinafter called the impugned Act), passed by the United Khasi-Jaintia Hills District Council (hereinafter called the District Council ). The High Court struck down this section as beyond the competence of the District Council and also as offending Article 14 of the Constitution. The facts giving rise to these appeals are not in dispute. It is, however, unnecessary to state them because the question of the constitutional validity of Section 3 of the impugned Act falls for determination solely on the interpretation of the relevant provisions of the Constitution without any reference to the facts.
2. Part X of the Constitution dealing with the Scheduled and Tribal Areas consists of the solitary Article 244 which provides for the administration of such areas. According to sub-Article (2) of this Article the provisions of the Sixth Schedule of the Constitution apply to the admin
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