All sums received by the Municipal Board of the Municipality of Shillong and all fines paid or levied in the said villages shall be credited to the municipal fund of the Municipality of Shillong.
The order also provided that for the purposes of the application of the said Act, and the numberifications, orders, schemes, rules, forms and bye laws made for the Shillong Municipality which were also made applicable, these villages were to be deemed as a muni cipality designated the Shillong Administered Areas Municipality.
1475 of 1969.
For the purposes of the application of the said provi sions, Notifications, orders, schemes, rules forms, and byelaws.
31634 B., dated the 17th September 1913, and of all numberifications amending the same the Governor General in Council is pleased to direct as follows All the provisions of the Assam Municipal Act, 1923, Assam Act 1 of 1923 , as hereinbefore or hereinafter amended and as in force for the time being in the Municipality of Shillong, and all numberifications, orders, schemes, rules, forms or bye laws made or hereafter to be made for the said Municipality shall subject to the exceptions hereinafter specified and unless otherwise declared by the Government of Assam, be in force in the said village in so far as the same may be applicable thereto.
The Judgment also refers to a numberification dated the 16th January, 1934 showing that Mawkhar and certain other villages were ceded to the British Government by the Siem of Mylliem.
b the said villages shall be deemed to be a municipality designated the Shillong Administered Area Municipality, and every officer or authority, for the time being appointed or companystituted in accordance with the Assam Municipal Act, 1923 as amended, to exercise powers or discharge duties within the Municipality of Shillong, shall exercise the like powers and discharge the like duties in accordance with the said Act within the Shillong Administered Area Municipality and shall be deemed to have been duly appointed or companystituted in accordance with the said Act.
The High Court has found that village Mawkhar which companyprises Bara Bazar was a part of the municipality of Shillong.
44 1, dated New Delhi, the 16th January 1934.
The relevant portion of the numberification is as follows No.
From this numberification dated January 16, 1934, and an extract from the Demand and Bill Register of the Shillong Municipality for the year 1957 58, annexed to one of the writ petitions, which refers to SouthEast Mawkhar as a Ward of the Shillong Municipality, the High Court held that Bara Bazar was part of the Shillong Municipal area.
From the judgment and order dated the 4th December, 1967 of the Assam Nagaland High Court in Civil Rule Nos.
Whereas the Siem of Mylliem in the Khasi and Jaintia Hills has ceded to the British Government the jurisdiction necessary for the municipal administration in accordance with the Assam Municipal Act, 1923, of the villages of Mawkhar, Laitumkhrah, Mission Compound and Jaiaw South East Mawkhar and Garikhana, Mawprem and Jhalupra,a Laban, Lumparing cum Madan Laban, Matki and HaangUmkhra, situate within the boundaries described in theSchedule annexed hereto, subject to the maintenance of allother his rights and powers as Siem of Mylliem therein and with the reservation that the rivers Umshipi and Unikhra, so far a,, they are within the aforesaid villages, shall remain the property of the Mylliem State In exercise of this jurisdiction and of the powers companyferred by the Indian Foreign Jurisdiction Order in Council, 1902, and of all other powers enabling him in that behalf, and in supersession of the Notification of the Government of India in the Foreign Department No.
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 companytended was outside the District Councils jurisdiction.
264 and 328 of 1966.
Res pondent Ka Drepsila Lyngdoh also received a similar companymunication from the Siem of Mylliem on May 16, 1966.
Provided that Chapter II and sections 9, 51, 58, 59 b , 59 g , 65, 78, 217 and 218 of the said Act shall number apply to the said villages and that clause b of subsection i of section 55 of the said Act shall number apply to the Umshirpi and Umkhra rivers so far as they are within the said villages.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
From the decision of the High Court, the District Council, United Khasi Jaintia Hills, Shillong, and its Executive Committee have preferred the instant appeals.
1476 of 1969, to companystruct 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 Drepsile Lyngdoh, the, first respondent in Civil Appeal No.
K. Sen and S. K. Nandy, for Respondent No.
a references to the Local Government shall be read as reference to the Government of Assam.
On July 19, 1965, however, the Siem of Mylliem by a written order asked respondent Ka Tiewmon Kharkongar number to proceed with the companystruction of the shop it was stated in the order that the Executive Committee of the District Council, United Khasi Jaintia Hills, had that numbernow companystruction, reconstruction or renovation of stalls should be undertaken in Bara Bazar unless approved by the Executive Committee and that all companystructions in progress should be stayed.
The Judgment of the Court was delivered by GUPTA, J. 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.
S. Chatterjee, for Respondent No.
N. Mukherjee, for the appellant.
The first respondent in each of these appeals had a shop in Bara Bazar, which is a wen known market area, and both these shops were destroyed by fire.
The Judgment of the High Court records the fact that Mawkhar was originally part of the Kingdom of the Siem of Mylliem.
In December 1964 the Siem of Mylliem permitted Ka Tiewmon Kharkongar, the first respondent in avil Appeal No.
1475 1476 of 1969.
The question arises in this way.
