what were the circumstances given to build the sanatorium in shillong
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Explanation:
In view of the judgment of Hon'ble Supreme Court in Civil Appeals Nos. 1475 and 1476 reported in AIR 1975 SC 1022, a confusion has arisen with regard to jurisdiction of Asstt to D. C. in the areas those have been ceded with the Shillong Municipal Authority for the purpose of Municipal Administration only, vide notification No. 44-1 dated New Delhi, the 16th January, 1934.
In case No. M. S. 153(T)/76 learned lawyer for defendant contended that this Court got no jurisdiction as both the parties are Tribals and place Mawkhar is outside Shillong Municipality. He relied on above mentioned Hon'ble Supreme Court judgment in support of his contention.
Learned lawyer for plaintiff contended that this Court get jurisdiction. He referred to Para 20 of 6th Schedule of the Constitution of India. He referred the Proviso "For the purpose of Clauses (e) and (i) sub-para (1) of Para 3, Para 4, Para 5, sub-para (2) of Clauses (a), (b) and (d) of sub-para (3) and sub-para (4) of Para 8 and Clause (d) of sub-para (2) of Para 10 of this Schedule, no part of the area comprised within the Municipality of Shillong shall be deemed to be within the United Khasi Jaintia Hills District He forcefully argued that the word "Shillong Municipality" used therein includes also the areas ceded with the Shillong Municipality by notification dated 16th Jan. 1934. He further contended that Hon'ble Supreme Court judgment only determined the administrative control of District Council in those areas. He contended that in view of the proviso of Para 20 of 6th Schedule Asstt. to D. C. has got the jurisdiction in the matter of administration of justice in those areas even if both