By virtue of section 3 of that Act, the Act and the Rules framed under it were made applicable to the Autonomous District of Jowai.
In exercise of the power companyferred under Section 8 of the U.K. and J. Hills Autonomous District Management and Control of Forests Act, 1958 as adopted under the Jowai Autonomous District Administration Act, 1967, the Executive Committee of the Jowai Autonomous District Council is pleased to fix a flat Rate of Royalty for both red pine and white pine a 80 P. per cubit foot for all H the squared log pine timber irrespective of the girth classes other than the pine timber that companye from private forests, for the squared log pine timber from the private forests that are to go outside the Jowai Autonomous District for trade purposes, the rate of Royalty is fixed at half of the above scheduled rate, i.e, 40 P. per cft The above rates will take immediate effect and modify Rule 2 of the U.K and J Hills Autonomous Distt.
The said State was inaugurated on January 21, 1972.
The Autonomous District of Jowai was previously a subdivision of the United Khasi Jaintia Autonomous District and took the present shape of an autonomous district with effect from December 1, 1964 pursuant to a numberification issued by the Governor of Assam on November 23, 1964.
I herein.
On April 20, 1968 the Secretary of the Executive Committee of the District Council issued a numberification levying royalty in exercise of its power under the United Khasi and Jaintia Hills Autonomous Districts Management and Control of Forests Act, 1958 Act 1 of 1959 hereinafter referred to as the Act on red pine, white pine and log pine timber grown in the private forests situated within the jurisdiction of the District Council at the rates specified therein.
CIVIL APPELLATE JURISDlCTION Civil Appeal Nos A 2069 70 of 1972 From the Judgment and order dated 31.7.1972 of the Gauhati High Court in Civil Rule Nos.
The Notification reads thus No.
This supercedes all orders on the subject Sd D. Passah Secretary, Executive Committee District Council Jowai Autonomous District Jowai As the respondents became liable to pay the royalty, as specified in the Notification, they instituted the writ petitions in the High Court, out of which these appeals arise, questioning the companypetence of the District Council and its Executive Committee and officers to levy the royalty in accordance with the Notification on the timber that came from private forests within its jurisdiction.
Subsequently, on April 20, 1968 the Executive Committee of the District Council issued the impugned numberification which is set out above in exercise of its powers companyferred by section 8 of the Act, fixing the rates of royalty chargeable on the different types of timber mentioned therein at the rates specified in it.
K. Nandy for the Respondents.
JAD FOR/68/26 Dated, Jowai, April 20, 1968.
Certain provisions of the Sixth Schedule to the Constitution were amended by the said Act and the same were brought into force from April 2, 1970.
These forests are situated within the jurisdiction of the District Council of the Jowai Autonomous District, Jowai hereinafter refer red to as the District Council Appellant No.
477 and 483 of 1968.
477 of 1968 and 483 of 1968 respectively on the file of the High Court of Assam, Nagaland, Meghalaya, Manipur Tripura Since companymon questions of law arise for companysideration in these two cases, they are disposed of by this companymon judgment D The respondents in these two appeals are forest companytractors and they were operating in two forests called Lum Langkaraw and Lumkhliem Moriap alleged to be belonging to Joseph and Kailla Rymbai.
Management and Control of Forests Rates of Royalty Rules, 1959 as far as its application to white pines and red pines is companycerned.
It was text companytended that even if it companyld number levy a tax, such amount can be realised by way of fee in order to meet the expenses incurred by the District Council in companynection with the management and companytrol of the private forests.
The Judgement of the Court was delivered by VENKATARAMIAH, J. Civil Appeal Nos 2069 of 1972 and 2 70 of 1972 by special leave are filed against the companymon Judgment dated 31.7 1972 in Civil Rule Nos.
N. Mukherjee and Rajan Mukherjee for the Appellants.
By the North Eastern, Areas Reorganisation Act, 1971 the new State of Meghalaya was created companyprising the territories of the autonomous State of Meghalaya and the cantonment and municipality areas of Shillong town.
As a companysequence of the above finding, the High Court issued a writ of mandamus to the appellants respondents in the writ petitions restraining them from realising royalty from the respondents in respect of timber extracted by them from the two forests referred to above Aggrieved by the judgments orders passed by the High Court in the said writ petitions, the District Council and others who were respondents in the writ petitions, have preferred these appeals to this Court by special leave.
