LexSTATE OF ASSAM versus ASSAM TEA CO. LTD.
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D 11 931 STATE OF ~AM v. ASSAM TEA CO. LTD. August 21, 1970 [J. c. SHAH, K. s. HEGDE AND A. N. GROVER, JJ.] Assam General Cltlu.res Act (2 of 1915), s. 2~Notification UJJ4ed under Assam Municipal Act, 1923-1!n3...Act repealed and Auam Municipal Act, 1957, enacted-Whether notification under 192S·Act deemed to be in force under 1951-Act. · Under ss. 4 and 5 of the Assam Municipal ACt, 1!123, the Provincial Government was authorised to signify its intention to include within a municipality any local area in its vicinit:t, and, after' considelring any objections to the proposed action to so mclude. tbe area. Section 328 provided for the constitution of notified areas. Sections 4 and 5 were not applicable to a notified area but the Provincial Government could extend to any notified area any section of the Act by virtue of s. 330(1}(d). Under s. 330(3), for the purpose of any section so extended, tbe town committee constituted for !IUCb notified area would be deemed to be a Municipal Board. In 1957, the 1923-Act was repealed and was replaced by the Assam Municipal Act, 1957. · ' The respondent owned tea gardens in the village of NazirJ. . In . 1909, a town committee was constituted at Nazira adjacent to the, tea ~arden. In 1951, by a notification issued by the GoYemment..pf Assam, s.4(1)(b) and (c) and s.5(1) and (2)(b) of the 1923-Act were c- tended to the not&ied area committee including the Nazira Tovm Com- . mittee. On January 6, 1964, a notification was issued under th~ J9S7- Act to revise the boundaries of the notified area at Nazira, and after con- sidering the objections of the respondent on September 30, 1964; .. by a final notification, a part of its tea estate was incorporated within the Nazira Town Committee. On the question whether notifications dated January 6 · 1964 and September 30, 1964 were unauthorised, because, ss. 4 and 5 ~f 19S7-Act, corresponding to ss. 4 and 5 of the 1923-Act, were not extended to the notified area on these dates, ' . HELD: There is no express provision i9 the 1957 Act which super~ oedes the notification issued in 1951 un¥r the 1923-Act nor is the continuance of the notification inconsistent with any provision in the 1957-Act. Therefore, under s. 26 of the Assam G~Mteral Qauses Act, 1915, the 1951 notification continues in : orce and must be deemed to have been issued under the 1957-Act. Hence the State Government was competent, in exercise of the power conferred upon it by the 1957-Act, to include within the area of the Town Committee any local area conti- guous to it, [934 H; 935 A] CIVIL APPELLA1E JURISDICTION: Civil Appeal No. 435 of ·1970. Appeal by · ~pecial l~aye. from the judgmeJl~ and orde~ da!e~ ¥arch 28, 1969 of the Assam and Nagalaild H1gb Court m Civll :Rule No. 183 of 1965. · · ·· · · · ·. · ' · ·' · SUPREME COURT REPORTS [1971] 1 s~c.R.- Nattnit Lal,- for the appellant. M. C. Chagla~ P. K. Goswami and R. Gopalakrishnan, for the respondent. B. Datta,. for the intervener . . The Judgment of the Court was delivered by Shah, J. The Assam Tea Company Ltd owns tea gardens in the viUage of Nazira in the State of Assam. By a notifica· tion dated June 16, 1909, the Government of Bengal (which then had territorial jurisdiction over the territory now within the . State of Assam) constituted a Town Committee at Naziru adjacent to the tea garden of the Company. In 1923 the Legis- lature enacted the Assam Municipal Act I of 1923. Section 328 of the Act provided for the constitution of notified areas .. By sub-s. ( 1) of s. 328 the Provincial Government was autho- rised by notification, to signify its intention to declare that with respect to some or all of the matters upon which a municipal fund may be expended1 improved arrangements are _required within a specified area. After issuing such a notification the Government was competent, after six weeks from the date of publication, and 1fter considering the objections, if any, to declare, by notification, the speCified area or any portion thereof to , be a notified area. Section 4 of the Act authorised the Provincial Government by notification, inter (llia, to signify its intention to include within a municipality any local area in the vicinity of the same or exclude fr<_?m a municipality any local area comprised therein. Any inhabitant of any part of a local area defined in a notification published under s. 4. was entitled c E. by virtue
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