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Edwingson Bareh Vs. State of Assam and ors.

Court : Supreme Court of India

Reported in : AIR1966SC1220; [1966]2SCR770

..... the reference to the territories of assam was also altered and it now reads : 'the territories which immediately before the commencement of this constitution were comprised in the province of assam, the khasi states and the assam tribal areas, but excluding the territories specified in the schedule to the assam (alteration of boundaries) act, 1951'. ..... whole or any specified part of an excluded area shall become, or become part of, a partially excluded area; (b) direct the whole or any specified part of a partially excluded area shall cease to be a partially excluded area or a part of such an area; (c) alter, but only by way of rectification of boundaries, any excluded or partially excluded area; (d) on any alteration of the boundaries of a province, or the creation of a new province, declare any territory not previously included in any province to be, or to form part of, an excluded area or a partially excluded area, and ..... cease to be a scheduled area or a part of such an area; (b) alter, but only by way of rectification of boundaries, any scheduled area; (c) on any alteration of the boundaries of a state or on the admission into the union or the establishment of a new state, declare any territory not previously included in any state to be, or to form part of, a scheduled area; and any such order may contain such incidental and consequential provisions as appear to the president to be necessary and proper, but save as aforesaid, the order made under sub-paragraph (1) of this paragraph .....

T. Cajee Vs. U. Jormanik Siem and anr.

Court : Supreme Court of India

Reported in : AIR1961SC276; [1961(2)FLR304]; (1961)ILLJ652SC; [1961]1SCR750

..... but the constitution, by the first schedule in which the territories of the state of assam were defined, merged the khasi states into the state of assam, as that state was to consist of the territories which immediately before the commencement of the constitution were comprised in the province of assam, the khasi states and the assam tribal areas but excluding the territories specified in the schedule to the assam (alteration of boundaries) act, 1951. ..... it also provides that no act of parliament or of the assam legislature shall apply to any area unless the governor by public notification so directs and the governor in giving such direction with respect to any act may direct that the act shall in its application to the area or to any specified part there of have effect subject to such exceptions of modifications as he thinks fit. ..... in this connection, rules 28, 29 and 30 of the assam autonomous districts (constitution of district councils) rules, 1951, are relevant rule 28 vests the executive function of the district council in the executive committee. ..... the governor is also given power to make regulations for the peace and good government of any area and any regulation so made may repeal or amend any act of parliament or of the assam legislature or any existing laws which is for the time being applicable to such area. .....

Nirmal Bose Vs. Union of India (Uoi)

Court : Kolkata

Reported in : AIR1959Cal506,63CWN484

..... by article 4 of the indo-bhutan treaty of friendship concluded on 8-8-1949 and subsequently ratified, the government o'f india undertook to cede to the government of bhutan a strip of territory measuring 32.81 square miles known as dewangiri on the border of kamrup district in the state of assam.thereupon parliament passed an act called the assam (alteration of boundaries) act-1951 (act xlvii of 1951) under article 3 of the constitution, declaring that the state of assam shall cease to comprise the strip of territory mentioned above, which shall be ceded to the government at bhutan'. ..... the boundaries of the new provinces aforesaid shall be such as may be determined whether before or after the appointed date, by the award of a boundary commission appointed or to be appointed by the governor general in that behalf, but until boundaries are so determined-- (a) the bengal district specified in the first schedule to this act, together with, in the event mentioned in sub-section (2) of this section, the assam district of sylhet, shall be treated as the territories which are to be comprised in the new province of east bengal; (b) the remainder of the territories comprised at the date of the commencement of this act in the province of bengal, shall be treated as the territories .....

V. Subramanian Vs. Union of India (Uoi), Rep. by Its Secretary to Mini ...

Court : Chennai

Reported in : (2004)4MLJ380

..... assam the territories which immediately before the commencement of this constitution were comprised in the province of assam, the khasi states and the assam tribal areas, but excluding the territories specified in the schedule to the assam ( alteration of boundaries) act, 1951. 3. ..... concisely speaking, the argument is while a new state is formed under sub-article (a) to article 3 of the constitution, under sub-articles (b) to (e), only the existing states undergo some change - be it in the area or in the name as with the alteration of boundaries, the areas are either diminished or increased and sub-article (d) of article 3 is only explanatory in nature to sub-articles (b) and (c). ..... the said statutory provision is also traced to article 3 of indian constitution which deals with formation of new states and alteration of boundaries and increase or diminishing in the areas etc. ..... it is submitted by the learned counsel for the petitioners that sub-article (a) to article 3 of indian constitution is applicable to the states formed under sections 5 to 11 of sr act while sub-articles (b) to (e) are applicable for the states of andhra pradesh and tamil nadu and by application of those sub-articles (b) to (e) to article 3, no new state is formed but only in the existing state, either area is increased or diminished or boundaries are altered or there is an alteration in the name of the states. .....

In Re: the Berubari Union and Exchange of Enclaves Reference Under Art ...

Court : Supreme Court of India

Reported in : AIR1960SC845; [1960]3SCR250

..... section 2 of this act provides that on and from the commencement of the act the territories of the state of assam shall cease to comprise the strip of territory specified in the schedule which shall be ceded to the government of bhutan, and the boundaries of the state of assam shall be deemed to have been altered accordingly. ..... in this connection the learned attorney-general has drawn our attention to the provisions of act xlvii of 1951 by which the boundaries of the state of assam were altered consequent on the cession of a strip of territory comprised in that state to the government of bhutan. ..... section 290 of the government of india act, 1935, had provided that his majesty may by order-in-council increase or diminish the area of any province or alter the boundary of any province provided the procedure prescribed was observed. ..... as a result of this act the boundaries of west bengal were altered under art. .....

Ram Badan Rai and Others Vs. Union of India and Others

Court : Supreme Court of India

Reported in : 1998VIIIAD(SC)165; AIR1999SC166; 1999(1)BLJR255; JT1998(7)SC478; 1998(6)SCALE71; (1999)1SCC705; [1998]Supp2SCR583

..... a writ of mandamus restraining the record officer, ballia, up from carrying on survey and record operations in regard to village hansnagar, up otherwise than on the basis that it was always a part of the state of up and on the basis that it was not transferred territory under the bihar and up alteration of boundary act, 1968 (hereinafter called the '1968 act') and they further required the survey and record operations to be carried out ignoring the directions contained in the minutes of the meeting of officials dated 19.10.84 and letter of the board of revenue dated 10.10.1985 ..... the states',(a) for the entry against '3 bihar', the following shall be substituted namery:-'the territories which immediately before the commencement of this constitution were either comprised in the province of bihar or were being administered as if they formed part of that province and the territories specified in clause (a) of subsection (1) of section 3 of the bihar and uttar pradesh (alteration of boundaries) act, 1968, but excluding the territories specified in sub-section (1) of section 3 of the bihar and west bengal (transfer of territories) act, 1956, and the territories specified in clause (b) of sub-section (1) of section .....

Ram Asrey and ors. Vs. State and ors.

Court : Allahabad

Reported in : 1977CriLJ848

..... in paragraph 8 of the written statement it has been alleged by ram asrey that on account of the alteration of boundaries act, 1968 between the states of behar and uttar pradesh the land in dispute lies in mauza nauranga, district ballia (u.p.). ..... alteration of boundaries act 1968, he has prepared a sketch map ex. ..... (alterations of boundaries) act 24 of 1968 was enacted. ..... in order to provide for the alterations of boundaries of the states of behar and u.p. ..... this has obviously been done in order to set at rest the disputes regarding the boundaries of the two states caused by the erosions of the river ganga, the schedule attached to the act shows village nauranga completely in u.p. ..... made a local inspection of the area in dispute with reference to the fixed boundaries as indicated by the pillars that have been fixed under the provisions of the aforesaid act and this was done with a view to verify whether the land in dispute as mentioned in the application filed under section 145, criminal p.c. ..... boundaries act 1968, paragraph as indicated above shows village nauranga in u.p. ..... to my mind when demarcation has been effected under the statute by the fixation of pillars in the bed of the river which keeps vacillating most of the time, that boundary itself should be a sure indication to prova whether the land lies in the state of u.p. ..... by the applicant was the same as the land which had been shown by boundaries in the report of the station officer and as also indicated in the preliminary order. .....

“that a Decree for Declaration to the Effect That Vs. Union of India ...

Court : Punjab and Haryana

..... (iii) whether in view of the statutory enactment i.e.alteration of boundaries act, 1979, plaintiffs were entitled to the relief prayed for?. ..... with consequential relief of permanent injunction restraining the defendants from interfering in the ownership and legal possession of the plaintiffs over the suit land ..... as chaksalar pur, which was previously in the state of uttar pradesh and has come to the territory in the state of haryana, tehsil ballabgarh, district faridabad by virtue of the act no.31 of 1979, mentioned above with the directions of the state of singh rattan pal 2014.05.02 11:13 i attest to the accuracy and integrity of this document punjab & haryana high court cm no.4969-c of 2014 in 2 rs.no.131 of 2013 haryana, defendant for incorporating the ownership and possession of the plaintiffs qua the suit land in the revenue records of the state of haryana of village chaksalarpur .....

In Re Article 370 Of The Constitution

Court : Supreme Court of India

..... within the state of assam.353 the state of haryana was carved out of the state of punjab.354 the state of chhattisgarh was carved out of the state of madhya pradesh.355 sikkim was admitted into the union of india in 1975 and was granted the status of a full state.356 uttarakhand (previously uttaranchal) was carved out of the state of uttar 348 article 3, constitution of india 349 mysore state (alteration of name) act 1973, madras state (alteration of name) act 1973, uttaranchal (alteration of name) act 2006, orissa (alteration of name) act ..... or parts of states or by uniting any territory to a part of any state; (b) increase the area of any state; i diminish the area of any state; (d) alter the boundaries of any state; (e) alter the name of any state: provided that no bill for the purpose shall be introduced in either house of parliament except on the recommendation of the president and unless, where the proposal contained in the bill affects the area, boundaries or name of any of the states, the bill has been referred by the president to the legislature of that state for expressing its views thereon within such ..... one of the arguments advanced by the petitioners in this case was that the concerned bill ought to have been ratified in terms of the procedure contemplated by the proviso to article 368(2) because the impugned articles curtailed the powers 262 1951 scc966259 part e of the high courts under article 226 and of this court under articles 132 and 136. .....

i.C. Chakravarty Vs. Khasi Hills District Council

Court : Guwahati

..... this notification reads ;'in accordance with the recommendation of the municipal board of shillong in the district of khasi and jaintia hills made at a meeting, the government of assam was pleased in exercise of the power vested in them by sub-section (2) of section 5 of the assam municipal act, 1923 (1) of 1923), to revise the boundaries of the shillong municipality so as to exclude from its limits the local area defined below. ..... in 1927 the boundaries of the shillong municipality were altered but mawkhar, all the same, remained within the shillong municipality. ..... it is submitted that the people residing in these areas (shillong administered areas) tribals and non-tribals as well have the right to elect their representatives to the khasi hills district council and have been exercising till date under the provisions of the assam (meghalaya) autonomous districts (constitution of district councils) rules, 1951 framed by the governor of assam prior to the inception of the khasi hills district council which came into being only on 27-6-1952 i-e. ..... it is subject to the jurisdiction of the municipality of shillong, because by this provision we are not altering the boundaries of the shillong municipality. .....