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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. 477 and 483 of 1968.

D.N. Mukherjee and Rajan Mukherjee for the Appellants. S.K. Nandy for the Respondents.

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 common Judgment dated 31.7 1972 in Civil Rule Nos. 477 of 1968 and 483 of 1968 respectively on the file of the High Court of Assam, Nagaland, Meghalaya, Manipur & Tripura Since common questions of law arise for consideration in these two cases, they are disposed of by this common judgment D The respondents in these two appeals are forest contractors and they were operating in two forests called Lum Langkaraw and Lumkhliem Moriap alleged to be belonging to Joseph and Kailla Rymbai. 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. I herein. On April 20, 1968 the Secretary of the Executive Committee of the District Council issued a notification 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. The Notification reads thus:

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 notification issued by the Governor of Assam on November 23, 1964. The District Council came into being on March 23, 1967 and in that very year it passed the Jowai Autonomous District (Administration) Act, 1967. 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. Subsequently, on April 20, 1968 the Executive Committee of the District Council issued the impugned notification which is set out above in exercise of its powers conferred 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.

By the Assam Reorganisation (Meghalaya) Act, 1969 (Act 55 of 1969) the autonomous State of Meghalaya was formed within the State of Assam comprising the territories which formed part of the Autonomous District of United Khasi-Jaintia Hills including Jowai Autonomous District and the Garo Hills. 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. By the North- Eastern, Areas (Reorganisation) Act, 1971 the new State of Meghalaya was created comprising the territories of the autonomous State of Meghalaya and the cantonment and municipality areas of Shillong town. The said State was inaugurated on January 21, 1972.

and "the Regional Council of (name of region)", shall have perpetual 1 succession and a common seal and shall by the said name sue and be sued. Subject to the provisions of that Schedule, the administration of an autonomous district shall, insofar as it is not vested under that Schedule in any Regional Council within such district, be vested in the District Council for such district and the administration of an autonomous region shall be vested in the Regional Council for such region. In an autonomous district with Regional Councils, the District Council shall have only such powers with respect to the areas under the authority of the Regional Council as may be delegated to it by the Regional Council in addition to the powers conferred on it by that Schedule with respect to such areas. The District Council of Jowai Autonomous District-Appellant No. 1 is one such District Council. But as mentioned earlier it was a part of the United Khasi-Jaintia Hills Autonomous district prior to December, 1, i964 Paragraphs 3 and 8 of the Sixth Schedule to the Constitution read thus: