Jharkhand High Court
Sidheshwar Mandal vs The State Of Jharkhand And Others on 19 September, 2025
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No. 667 of 2018
Sidheshwar Mandal ... ... ... ... ... Petitioner
Versus
The State of Jharkhand and others ... ... ... Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner: Mr. Rajeeva Sharma, Sr. Advocate
Mr. Ritesh Kumar, Advocate
Mr. Om Prakash, Advocate
Ms. Maksuda Khatun, Advocate
For the State: Mr. Sahbaj Akhtar, A.C. to A.A.G.-III
For Resp. No.6: Mr. Navnit Prakash, Advocate
For the UOI: Mr. Anil Kumar, Addl. S.G.I.
Mr. Abhijeet Kumar Singh, C.G.C.
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24/Dated: 19.09.2025
1. On 25.03.2022, this Court passed the following orders:-
"Let a detailed counter affidavit be filed on behalf of the Secretary, Urban Development Department, State of Jharkhand and another affidavit should come from the Secretary, Drinking Water and Sanitary Department, Government of Jharkhand as to what has happened to the tender which was floated pursuant to W.P.(PIL) No.1499 of 2008 disposed of vide order dated 16.04.2008 as also W.P.(PIL) No.1479 of 2008 disposed of vide order dated 02.08.2016. This is very serious matter in which the writ petitioner is alleging that about 50 Crores were sanctioned and Annexure-3 shows that only 30 Crores have been spent but no scheme is still hanging in certainty and nobody is getting drinking water from this project.
This affidavit should be filed within a period of two weeks.
Page 1 of 34
Put up this matter on 22.04.2022.
This order would be subject to removal of remaining defects pointed out by the office within a period of two weeks."
2. Thereafter, the case has been coming up before this Court from time to time. It would be apt to reproduce the orders dated 30th of August 2024, 2nd of September 2024 and 10th of September 2024, wherein this Court prima facie had formed an opinion that the respondents had committed contempt by filing false affidavit and this aspect of the matter was directed to be considered only on the next date of hearing. It was further made clear that if progress is not found to be remarkable, then the Court would be constrained to pass further necessary orders holding the failure on the part of the State in discharge of the fundamental rights of the citizens of the State of Jharkhand.
"15/ Dated: 30thAugust 2024 It is a case where the people of Sahibganj district are being deprived from the supply of drinking water.
2. Learned counsel appearing for the State has submitted that due to non issuance of the NOC from the Railway, pipelines have not been installed.
3. Mr. Abhijit Kumar Singh, learned Central Government counsel has submitted by referring the affidavit filed on behalf of the Railway that an application was made earlier on 17.01.2017 but one of the requirements i.e. deposit of the requisite fee, since had not been deposited as such, the status of Page 2 of 34 the application was shown pending, in the meanwhile period of 29 days has been lapsed and application was dropped. Thereafter, there was no response from the State.
The second correspondence has been made by the State after lapse of 7 years i.e. on 08.04.2024 but even the requisite fee has not been deposited for the same as yet.
4. Let the Secretary, Drinking Water and Sanitation Department, Government of Jharkhand explain as to why the water connection of his residence and the residence of all the administration of Sahibganj including the functionaries of the Drinking Water and Sanitation Department, posted at Sahibganj be not disconnected.
If such order is being passed then how the State will show its concern by not taking any endeavour for the purpose of supply of water, which is the basis of survival of the mankind.
The further consideration is that how can the State remain silent by not taking any endeavour as it appears from the affidavit filed on behalf of the Railway.
5. Considering the prevailing situation, this Court directed to call upon the concerned Authority by today itself, but it has been informed by Mr. Ashutosh Anand, learned AAG-III for the State that since Secretary, Drinking Water and Sanitation Department, Government of Jharkhand is in the meeting with Page 3 of 34 the Chairman of the National Commission of Scheduled Tribe, as such, time may be given.
6. Accordingly, the Secretary, Drinking Water and Sanitation Department, Government of Jharkhand is directed to remain physically present before this Court on Monday i.e. on 02.09.2024.
7. Let this matter be posted on Monday i.e. on 02.09.2024 as first case on top of the list at 10.30 A.M."
"Order No. 16/Dated 2nd September, 2024
1. Reference may be made to the order dated 30.08.2024 in pursuance thereto, Mr. Mast Ram Meena, Secretary, Drinking Water and Sanitation Department, Government of Jharkhand is present.
2. An affidavit has been filed today on behalf of the State which is taken on record.
3. In the affidavit, it has been stated that 210 days is still to be taken in completion of the project which is for supply of drinking water to the local residents of the Sahebganj district.
4. This Court has perused the record.
5. The time mentioned for completion of the project is further 210 days that too for the purpose of supply of drinking water to the local residents of the district of Sahebganj is not being accepted by this Court, reason for the same is that first it is a question of supply of drinking water to the local residents of the district of Sahebganj.
Page 4 of 34
6. We are conscious that the right to life is the fundamental right as enshrined under Article 21 of the Constitution of India.
7. The non-supply of water or the smooth supply of water will come under the fold of infringement of right to life because without water there is no imagination of nature and what to say about survival of the mankind.
8. The second reason is that earlier to the present Public Interest Litigation, an another Public Interest Litigation was filed being W.P.(PIL) No.1479 of 2008. The said Public Interest Litigation was disposed of vide order dated 02.08.2016 passed by the Coordinate Bench of this Court.
9. We have gone through the said order which is appended as Annexure-2 to the paper book wherefrom it is evident that several affidavits have been filed by the State of Jharkhand.
10. This Court (Coordinate Bench) has come to the conclusion by going through various counter affidavits that enough steps have been taken for providing drinking water at Pakur and District Sahebganj which led the Coordinate Bench not to monitor the said writ petition on account of the fact that the High Court is having no expertise in the matter, for ready reference, the aforesaid order is being referred herein :-
"1. Having heard counsels for both the sides and looking to the facts and circumstances of the case and also looking to the counter affidavits filed by the respondent-State, it appears that enough steps have Page 5 of 34 been taken for providing drinking water at Pakur and District Sahebganj. It appears that there is no further need of monitoring the supply of water by the State of Jharkhand to the aforesaid two districts. It is further expected from the State of Jharkhand that they shall complete their projects for the aforesaid two districts for supply of drinking water so that in almost all areas which are practically possible to supply the drinking water in the aforesaid two districts. Enough monitoring has already been done by the High Court and the High Court has no expertise knowledge of supplying the drinking water, Court is not a Cost Accountant or Charter Accountant or an Engineer. 2. With these observations, this writ petition is hereby, disposed of. All the interlocutory applications, which are pending, are also disposed of."
11. It has been pointed out Mr. Rajeeva Sharma, learned senior counsel appearing for the petitioner, that the project since has not completed even after disposal of the aforesaid writ petition being W.P.(PIL) No.1479 of 2008 for about two years, thereafter the present Public Interest Litigation being W.P.(PIL) No.667 of 2018 has been filed.
12. It is evident from the various orders passed in this proceeding, particularly the order No.9 dated 01.05.2024, wherein reference of supplementary affidavit has been taken Page 6 of 34 note of which is also mentioned in the order dated 11.03.2024 wherein it has been indicated that so far as Ward Nos. 17, 18, 19,22, 23 and 24 are concerned the water supply work and distribution of pipeline will be completed by 30.04.2024.
13. The submission was made on behalf of the proposed intervenor - the contractor, who is being represented by Mr. Rahul Lamba, learned counsel, that so far as work in Ward Nos. 17, 18, 19, 22, 23 and 24 are concerned, within a period of ten days the incomplete work has been undertaken to be completed.
14. The Coordinate Bench has also made a remark that the project of laying of pipelines as well as water treatment plant was conceived in the year 2012 and even after expiry of more than a decade, there has been very slow progress in the work in question, for ready reference, the order dated 01.05.2024 is being referred as under :-
"An intervention application has been filed by the contractor who was entrusted with the work of laying of pipelines as well as water treatment plants in the town of Sahebganj. Various reasons have been assigned in this Interlocutory application for not completing the work within time.
In the order dated 11.03.2024 reference has been made to the supplementary counter affidavit, wherein it has been indicated that so far as Ward Nos. 17, 18, 19, Page 7 of 34 22, 23 and 24 are concerned the water supply work and distribution of pipeline will be completed by 30.04.2024.
Mr. Ashutosh Anand, learned A.A.G-III has submitted that the deadline could not be met on account of various bottlenecks as well as on account of the slow progress of the work being done by the contractor concerned.
Mr. Navnit Prakash, learned counsel appearing for the proposed intervener has submitted at the bar that so far as work in Ward Nos. 17, 18, 19, 22, 23 and 24 are concerned, within a period of ten days the same shall be completed.
The project of laying of pipelines as well as water treatment plant was conceived in the year 2012 and even after expiry of more than a decade, there has been very slow progress in the work in question.
In view of the aforesaid submissions, let this case be listed on 06.05.2024 under the heading 'For Orders'.
Mr. Navnit Prakash, learned counsel appearing for the proposed intervener has stated that he shall ensure the presence of the proposed intervener on the next date of listing."
15. It appears from the order dated 06.05.2024 passed by the Coordinate Bench wherein it has been taken note that the Page 8 of 34 incomplete work of laying of pipelines shall be completed in Ward Nos. 17, 18, 19, 22, 23 and 24 within a week.
16. So far as the rest part of the work is concerned, it has been submitted that there is a delay on account of the fact that some of the lands fall within the Railway area for which the Drinking Water and Sanitation department has already sought for a 'No Objection' from the Railways.
17. This Court has also taken note on the basis of the instruction of the learned State counsel that a meeting has been fixed tomorrow, i.e., on 07.05.2024, between the officials of the Department of Drinking Water and Sanitation as well as the Railway officials and it is expected that within a month a 'No Objection Certificate' shall be issued which will facilitate the laying of pipelines so far as the rest of the Wards are concerned, for ready reference dated 06.05.2024 is being referred herein which reads hereunder as :-
"Pursuant to the order dated 01.05.2024, the intervener who is the contractor undertaking the work of laying of pipelines is physically present. He has submitted that within a week the laying of pipelines shall be completed in Ward Nos. 17, 18, 19, 22, 23 and 24. So far as the rest part of the work is concerned, it has been submitted that there is a delay on account of the fact that some of the lands fall within the Railway area for which Page 9 of 34 the Drinking Water and Sanitation department has already sought for a 'No Objection' from the Railways.
Mr. Vineet Chandra, learned A.C. to A.A.G.-III on instruction has submitted that tomorrow a meeting has been fixed between the officials of the Department of Drinking Water and Sanitation as well as the Railway officials and it is expected that within a month a 'No Objection Certificate' shall be issued which will facilitate the laying of pipelines so far as the rest of the Wards are concerned.
In view of the said submission, let this matter be listed on 13th June, 2024."
18. The matter was again taken up on 26.06.2024. Learned counsel appearing for the Respondent No.6-the contractor, has submitted that the work of laying of pipeline of six wards have already been completed. So far as the rest of the works are concerned, the respondent no. 6 is being prevented from laying the waterlines on account of No Objection having not been received from the Railways as part of the proposed pipeline which go through the land, belongs to the Railways.
19. The submission made on behalf of the State has also been taken note that in spite of the repeated requests being made to the Railway authority to furnish 'No Objection Certificate', the 'No Objection Certificate' is not being furnished. Page 10 of 34
20. Learned counsel for the Railway was directed to seek instruction as to why in spite of repeated communications made to it by the District Administrator, No Objection Certificate for laying of pipelines is not being issued, for ready reference, the order dated 26.06.2024 is being referred herein which reads as under :-
"Mr. Rahul Lamba, learned counsel appearing for the respondent no.6-Contractor has submitted that the work of laying of pipeline of six wards have already been completed. So far as the rest of the works are concerned, the respondent no. 6 is being prevented from laying the waterlines on account of No Objection having not been received from the Railways as part of the proposed pipeline which go through the land, belongs to the Railways.
Mr. Binit Chandra, A.C to learned A.A.G-III has submitted that requests are repeatedly being made to the Railways to furnish No Objection Certificate and in absence of the same, though the work has been completed in six wards, but the supply of water in those wards are being affected.
In view of the submissions advanced by A.C to A.A.GIII and Mr. Rahul Lamba, learned counsel appearing for the intervener Contractor, we direct the learned counsel for the petitioner to add the Union of Page 11 of 34 India as party respondent no. 7 in this Public Interest Litigation.
Mr. Abhijit Kumar Singh, learned Central Government Counsel who is present, is directed to take instruction as to why in spite of repeated communications made by the District Administration to the Railway Authorities, No Objection Certificate is not being issued, which has led to hampering of supply of water in the six wards, in which the pipeline has already been laid.
Mr. Binit Chandra, A.C to learned AAG-III who is filing an affidavit specifying the bottlenecks which has led to delay in the project of laying of water pipelines in the city of Sahebganj, is directed to serve a copy of the same to Mr. Abhijit Kumar Singh, learned Central Government Counsel, who accepts notice on behalf of the newly added respondent no. 7.
Since, Eastern Railways, Malda Division is supposed to grant No Objection Certificate who is not a party in this Public Interest Litigation, learned counsel for the petitioner is directed to add the Union of India, through Ministry of Railways as party respondent no. 7.
Mr. Abhijit Kumar Singh, learned CGC is directed to take instruction from the respondent no. 7 as to why in spite of repeated communications made to it Page 12 of 34 by the District Administrator, No Objection Certificate for laying of pipelines is not being issued by it.
Let this matter be listed on 25.07.2024. Let a copy of this order be handed over to learned counsel for the respective parties.
Let the name of Mr. Abhijit Kumar Singh, learned CGC appearing on behalf of newly added respondent no. 7 be reflected in the cause-list."
21. Again the matter was taken up on 25.07.2024 but no material information was furnished to the Court save and except that due to non-payment of requisite fees, the process for issuance of No Objection Certificate is not being taken up and, as such, this Court has directed the learned State counsel to verify as to whether the requisite fees has been deposited or not, for ready reference, the order dated 25.07.2024 is being quoted hereunder as :-
"1. A supplementary affidavit has been filed on behalf of the Assistant Engineer, Eastern Railways, Sahibganj wherein it has been stated that the application for 'No Objection' submitted by the State is being processed and at present pending on account of non-payment of the requisite fees. It has also been stated that the requisite fees have been uploaded in the Online Portal.
Page 13 of 34
2. Mr. Sahbaj Akhtar, A.C. to AAG-III is directed to take instructions as to whether the requisite fees have already been deposited before the Railways or not and if not, the tentative time which would be taken by the concerned authority of the State to deposit the requisite fees.
3. At this juncture, Mr. Sahbaj Akhtar, A.C. to AAGIII has referred to the affidavit filed by the respondent Nos.1 and 3 dated 25.06.2024 and submitted that the necessary fees have already been deposited. However, this fact has been denied by Mr. Abhijeet Kumar Singh, C.G.C. appearing for the Eastern Railways.
4. Mr. Sahbaj Akhtar, A.C. to A.G.III is directed to verify the paragraphs mentioned in this affidavit as well as subsequent affidavit which has been filed by the Railways and specifically state as to whether requisite fees as demanded by the Eastern Railways have been deposited before him or not. If the same is already deposited, there does not appear to be any other obstacle on the part of Eastern Railways to issue the No Objection Certificate, which would ensure that further steps be taken for laying of water pipelines in the town of Sahibganj.
5. Let the matter be listed on 1st August, 2024." Page 14 of 34
22. The Court has further taken note in the order dated 08.08.2024 with respect to the issue of deposit of the requisite fee.
23. The affidavit has been filed on behalf of the Railway on 23.07.2024 wherein it has been stated that one letter under the signature of Executive Engineer, Drinking Water and Sanitation Division, Sahebganj was received on 17.01.2017. Thereafter, after a long gap, an application for getting No Objection Certificate was received on 08.04.2024.
24. The Railway, after receipt of the said application, had telephonically contacted with the Assistant Engineer and Junior Engineer of the Drinking Water and Sanitation department but due to Lok Sabha Election, no steps could be taken. Again, online application was made on 10.05.2024 which was forwarded to Malda Division for further action.
25. It has been stated at paragraph 9 of the affidavit that based upon the online status of application, it has been found to be pending for payment of fee by the contractor.
26. It has been stated at paragraph 10 that on receipt of the fee, No Objection Certificate will be issued.
27. Today an affidavit has been filed sworn by the Executive Engineer, Drinking Water and Sanitation Division, Sahebganj.
28. We have gone through the statement made at paragraph-10 and 11 wherefrom it is evident that the entire schedule of work has been divided in two zones.
Page 15 of 34
29. Paragraph-10 speaks about the work of Zone-I. It has been stated that against the target of 15159.25 meter distribution pipeline, 4043 meter has been laid and out of 12,598 house connections, 1871 have been provided. The remaining work of Zone-I is to be completed within next six months and it will cover 12,598 household.
30. The progress of the work of water supply is being shown by way of a tabular chart appended at page-20 which is dated 31.08.2024. The Column No.12 which pertains to water supply status, wherefrom it is evident that although the statement has been made that in the household area falling under Zone-I against the target of 15159.25 meter distribution pipeline, 4043 meter has been laid and out of 12,598 house connections, 1871 have been provided, which appears to be in conflict with the details furnished at Col. No.12 where it has been shown in most of the Wards water supply 'not started' or 'partially started'.
31. It needs to refer herein as is being pleaded that NOC is required from Railway for Zone-II. The NOC is nothing to do with the installation of pipeline for Zone-I then why the plea of non-furnishing of the NOC for the work in Zone-I where no NOC is required because the land is not falling within the jurisdiction of the Railway, is being taken.
32. This Court, therefore, is of the view that it is nothing but playing with the life of the people of the Jharkhand and not Page 16 of 34 only that, by filing false affidavit by the concerned Executive Engineer or the contractor.
33. So far as Zone-II is concerned, reference has been furnished at paragraph - 11. It has been stated therein that the Railway has generated demand of Rs.1,32,69,081 and for paying this amount department has initiated the process. One letter was issued by the State of Jharkhand requesting the Railway, being letter No.1278 dated 12.08.2024, to provide the details of the account in which the amount was to be deposited.
34. The affidavit so filed seeking 210 days, time, this Court is of the view that this affidavit is to be rejected outrightly, reason being that when on earlier occasion the affidavit has been filed for completion of the work etc. then where is the occasion again seeking 210 days' time for completion of the work.
35. The further reason for rejecting the instant affidavit is that when NOC is required for Zone-II and not for Zone-I, then why such affidavit has been filed.
36. The Secretary, Drinking Water and Sanitation Department is directed to file further affidavit under his authority.
37. It is evident from the affidavit filed on behalf of the Railway dated 23.07.2024 which also shows the lethargic and negligent attitude of the State, since, in the said affidavit it has been stated that the communication has been made to the Railway way back in the year 2017 and thereafter no follow-up action and subsequent thereto, an application was made to the Page 17 of 34 Railway on 08.04.2024 but no follow-up and thereafter on 18.05.2024 by making online application.
38. The Railway, thereafter, has conducted a joint survey on 18.05.2024 and due to that reason the issue of No Objection Certificate at the end of the Railway is lying pending.
39. This Court, therefore, is of the view that the State has not diligently followed the issue that too of water supply to the local residents of district of Sahebganj.
40. The plea has been taken of non-issuance of NOC by the Railway, but why such plea has been taken so far as the installation of pipeline is concerned in the area/Ward falling in Zone-I.
41. It appears that the residents of the district of Sahebganj are contesting the case from the year 2008, since, in the year 2008 one Public Interest Litigation was filed being W.P.(PIL) No.1479 of 2008.
42. This Court has monitored the same for about 08 years and on 02.08.2016 the said Public Interest Litigation was disposed of.
43. Again the present Public Interest Litigation has been filed after lapse of two years when no concrete steps have been taken for supply of uninterrupted water supply to the residents of the district of Sahebganj.
44. Even in this Public Interest Litigation, the affidavits which have been filed on earlier occasions by the Executive Engineer Page 18 of 34 under the authority of the Departmental Head or even the present affidavit is nothing but an eye wash to the Court.
45. There is no explanation that whey the work falling under Zone-I is still not completed. The reference of completed work has been made but that is contradictory to the tabular chart where the water supply has been shown to be 'partially started' or 'not started'.
46. The question is that when out of 12,598 house connections, only 1871 have been provided, as has been stated at paragraph-10 that, which means that there is no uninterrupted water supply.
47. The State itself is saying by contradicting the statement made at paragraph-10 by showing the tabular chart wherein the water supply has been shown to be 'partially started' or 'not started', as would appear from Col. No.12 of the page-20 where the tabular chart has been appended.
48. The Secretary of the Drinking Water and Sanitation Department is present and, as such, he is directed to explain that what action is being proposed to be taken against the erring officials for duping the Court.
49. This order is being passed by way of giving an opportunity to the State to explain as to why the said affidavits be not treated to be a perjury upon the Court.
50. This Court was to call upon the Chief Secretary on the next date of hearing but since the Secretary of the Department has Page 19 of 34 been directed to file an affidavit and, as such, for the moment we are keeping our hands at hold in calling the Chief Secretary.
51. It needs to refer herein that calling of the Secretary was warranted by this Court taking into consideration the issue which pertains to non-supply of water to the residents of the district of Sahebganj and the matter is being pursued by the litigants concerned since the year 2008 and still after lapse of about 16 years, the situation is almost same.
52. Let this matter be posted on 10.09.2024 within top five cases."
"Order No. 17/Dated 10th September, 2024
1. In pursuant to the order dated 02.09.2024, affidavit has been sought to be filed in the Court.
2. Permission, as has been sought for, is allowed.
3. Let it be taken on record.
4. The litigant, who is the resident of the District of Sahebganj falling within the different wards, is pursuing the aforesaid grievance since the year, 2008 by filing the writ petition in the nature of Public Interest Litigation. But, still they have not been provided with uninterrupted water supply, as per the requirement.
5. In the order dated 02.09.2024, this Court has taken note of the issue of fundamental right as enshrined under Article 21 of the Constitution of India and the non-supply of water is Page 20 of 34 certainly come under the fold of violation of the spirit of Article 21 of the Constitution of India.
6. We are conscious that without water, there cannot be any imagination of civilization what to say about the life of the person of either the human beings or the animals.
7. We have very much perturbed by seeing the affidavit filed by the Executive Engineer, namely, Gobind Kachhap, on 02.09.2024, wherein, misleading and false statements have been made.
8. It has been stated at paragraphs-10 and 11 of the affidavit dated 02.09.2024 that the entire schedule of work has been divided into two Zones.
9. Paragraph-10 also speaks about the work of Zone-1. The remaining work of Zone-I has been stated to be completed within next six months and it will cover 12,598 households, which we have taken note at paragraphs-28, 29 and 30 of the order dated 02.09.2024, for ready reference, the said paragraphs are being referred as under:-
"28. We have gone through the statement made at paragraph-10 and 11 wherefrom it is evident that the entire schedule of work has been divided in two zones.
29. Paragraph-10 speaks about the work of Zone-I. It has been stated that against the target of 15159.25 meter distribution pipeline, 4043 meter has been laid and out of 12,598 house connections, 1871 have been Page 21 of 34 provided. The remaining work of Zone-I is to be completed within next six months and it will cover 12,598 household.
30. The progress of the work of water supply is being shown by way of a tabular chart appended at page-20 which is dated 31.08.2024. The Column No.12 which pertains to water supply status, wherefrom it is evident that although the statement has been made that in the household area falling under Zone-I against the target of 15159.25 meter distribution pipeline, 4043 meter has been laid and out of 12,598 house connections, 1871 have been provided, which appears to be in conflict with the details furnished at Col. No.12 where it has been shown in most of the Wards water supply 'not started' or 'partially started'."
10. We have further taken note at paragraph-31 that the NOC is required from Railway for Zone-II.
11. We have referred in the aforesaid paragraphs that the NOC is nothing to do with the installation of pipeline for Zone-I then why the plea of non-furnishing of the NOC is being taken for the work in Zone-I, where no NOC is required because the land is not falling within the jurisdiction of the Railway.
12. We have further taken note of statement made at paragraph-11 of the aforesaid affidavit, wherein, the reference of Zone-II has been made stating therein that the Railway has Page 22 of 34 generated demand of Rs.1,32,69,081/- and for paying this amount, the Department has initiated the process. One letter was issued by the State of Jharkhand requesting the Railway, being Letter No.1278 dated 12.08.2024, to provide the details of the account in which the amount was to be deposited, for ready reference, paragraph-33 is being referred as under:-
"33. So far as Zone-II is concerned, reference has been furnished at paragraph - 11. It has been stated therein that the Railway has generated demand of Rs.1,32,69,081 and for paying this amount department has initiated the process. One letter was issued by the State of Jharkhand requesting the Railway, being letter No.1278 dated 12.08.2024, to provide the details of the account in which the amount was to be deposited."
13. Paragraph-34 of the order dated 02.09.2024 is with respect to the statement made by the concerned Executive Engineer for seeking 210 days' time, this Court has rejected the said affidavit, reason being that, when on earlier occasion, the affidavit has been filed for completion of the work etc., then where is the occasion again seeking 210 days' time for completion of the work.
14. The further reason for rejecting the said affidavit was that when the NOC is required for Zone-II and not for Zone-I, then why such affidavit has been filed, for ready reference, paragraphs-34 and 35 are being referred as under:- Page 23 of 34
"34. The affidavit so filed seeking 210 days, time, this Court is of the view that this affidavit is to be rejected out-rightly, reason being that when on earlier occasion the affidavit has been filed for completion of the work etc. then where is the occasion again seeking 210 days' time for completion of the work. 35. The further reason for rejecting the instant affidavit is that when NOC is required for Zone-II and not for Zone-I, then why such affidavit has been filed."
15. The Secretary, Drinking Water and Sanitation Department, has been directed to file further affidavit under his authority.
16. The stand of the Railway has also been taken note as under
paragraphs-37 and 38 of the order dated 02.09.2024, in terms of the affidavit dated 23.07.2024, wherein, the Railway has stated that communication has been made to the Railway way back in the year 2017 and thereafter no follow-up action and subsequent thereto, an application was made to the Railway on 08.04.2024 and thereafter, on 18.05.2024 by making online application.
17. The stand of the Railway was also that on the basis of the joint survey conducted on 18.05.2024, the issue of No Objection Certificate at the end of the Railway is lying pending, for ready reference, paragraphs-37 and 38 of the said order dated 02.09.2024 are being referred as under:- Page 24 of 34
"37. It is evident from the affidavit filed on behalf of the Railway dated 23.07.2024 which also shows the lethargic and negligent attitude of the State, since, in the said affidavit it has been stated that the communication has been made to the Railway way back in the year 2017 and thereafter no follow-up action and subsequent thereto, an application was made to the Railway on 08.04.2024 but no follow-up and thereafter on
18.05.2024 by making online application. 38. The Railway, thereafter, has conducted a joint survey on 18.05.2024 and due to that reason the issue of No Objection Certificate at the end of the Railway is lying pending."
18. This Court, on the basis of the lethargic attitude of the State and its functionaries, has constrained to make an observation at paragraph-39 that the State has not diligently followed the issue that too of water supply to the local residents of district of Sahebganj.
19. This Court has further passed an order directing the Secretary, Drinking Water and Sanitation Department to explain that what action is being proposed to be taken against the erring officials for duping the Court.
20. The further order was passed at paragraph-49 that the order has been passed by way of giving an opportunity to the State to explain as to why the said affidavits be not treated to Page 25 of 34 be a perjury upon the Court, the relevant paragraph is being referred hereinbelow:-
"49. This order is being passed by way of giving an opportunity to the State to explain as to why the said affidavits be not treated to be a perjury upon the Court."
21. In pursuant to the order dated 02.09.2024, fresh affidavit has been filed under the authority of the Secretary of the Drinking Water and Sanitation Department.
22. It has been stated that a three member fact finding team [Under the Chairmanship of Engineer-in-Chief with Joint Secretary, (Management Cell) and Technical Advisor the Departmental Principal Secretary] has been constituted and directed to visit the Sahebganj Urban Water Supply Scheme to assess the progress of work and submit the Action Plan report within three days.
23. It has further been stated at paragraph-9 that the Department has already issued a show cause notice to the Executive Engineer, Drinking Water and Sanitation Department, Sahebganj, vide letter no.3015 dated 30.08.2024.
24. The further statement has been made at paragraph-10 that the steps will be taken to review the Scheme on daily, weekly, fortnightly and monthly basis and accordingly, vide order no.164 dated 04.09.2024, the Executive Engineer, Drinking Water and Sanitation Department, Sahebganj will submit a daily basis report to the Superintending Engineer (SE), Dumka Page 26 of 34 Circle. The Superintending Engineer, Dumka will review the progress of scheme on weekly basis and he will stay three days at Sahebganj Division so as to appraise the progress of the work to the Headquarter.
25. At paragraph-11, the statement has been made that a team for monitoring the Scheme at Headquarter will be headed by Special Secretary.
26. At paragraph-13, it has been stated that an explanation has been called for slow progress of Sahebganj and Pakur Urban Water Supply Schemes issued to Engineer-in-Chief, Drinking Water and Sanitation Department-cum-Regional Chief Engineer, Dumka vide letter no.316 (Sec) dated 03.09.2024.
27. At paragraph-14, it has been stated that the Executive Engineer, Sahebganj has submitted his explanation vide letter no.1412 dated 03.09.2024 in respect to the Departmental Letter No.3015 dated 30.08.2024.
28. Further statement has been made at paragraph-15 that on consideration of the explanation furnished by the Executive Engineer, prima-facie it has been found that the Officer was very negligent in his discharge of duty and he completely failed to monitor the Scheme, for ready reference, paragraph-15 of the affidavit dated 10.09.2024 is being referred as under:-
"15. That the Department after examining the facts submitted by the Executive Engineer found it prima facie that the officer was very negligent in his duty, he Page 27 of 34 completely failed to monitor the scheme, he did not adhere to the public works and did not submit any proposal/recommendation to department for slow progress of the scheme against the contractor. He was also lenient in the submission of requisite amount to the railway and finally he completely failed to comply with the timeline earlier tendered before the Honorable High Court. On account of his negligence, the people have been deprived from their fundamental facility of drinking water. The Department has taken a serious note and decided to take stern action against the Executive Engineer."
29. The reference of the conduct of the Contractor has also been stated at paragraph-16, wherein, it has been stated that due to lapses on the part of the contractor, the work has not been completed in time. The Department in the interest of the work and considering that at this juncture, the main priority is to have the work completed first has instead of any action against the contractor for the present to avoid further delay in completion of work, has taken up all the initiative to get the contractor to complete the scheme first after that suitable actions against the contractor will be taken by the Department.
30. It has been stated at paragraph-17 based upon the assessment of the Fact-finding team that around 200 days is still required for completion of the project. Page 28 of 34
31. The NOC has been stated to be received from the Railway, as would appear from the statement made at paragraph 19 of the affidavit.
32. This Court, on consideration of the said affidavit, is of the view that the liability has been casted upon the Executive Engineer, Drinking Water and Sanitation Department, Sahebganj who has sworn the affidavit dated 02.09.2024. But the question is that why only the Executive Engineer, why not the other functionaries, who have been posted in the Circle and being monitored by the Officer at the level of the Chief Engineer and the Engineer-In-Chief as also the Secretaries are not monitoring.
33. It appears from the aforesaid fact that the Secretary has also admitted that the false affidavit has been filed and that is the reason, show cause notice has been issued to the Executive Engineer who has sworn the affidavit. Therefore, this Court is of the view that by filing the false affidavit, the concerned authority has mislead the Court.
34. As such, this Court, prima-facie, is of the view that contempt has been committed.
35. If the State has come out with any project at the State Level, then, the accountability is liable to the fixed upon all from bottom to the highest level including the Secretary of the concerned Department and even the Chief Secretary where the supply of Drinking Water is the issue.
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36. We, since, have referred hereinabove that without any water supply, there is no possibility of survival of civilization and when the State is admitting the fact that due to the lethargic approach or negligent attitude of the officer concerned, the project has not been completed but now the undertaking is being furnished that the work will be completed, for which, the team has been constituted.
37. The further question is that why the State arose from a deep slumber after lapse of about 2 decades in constituting the Committee where the issue of water supply is the concern of the habitants of the State of Jharkhand herein, the District of Sahebganj.
38. We need to refer herein that this Court is also in the seisin of the matter with respect to the issue of water supply to the District of Pakur as also the issue of Kanhar Barrage in the District of Medininagar.
39. This is the concern of this Court and when the issue of water supply is the concern, the Court in exercising the jurisdiction conferred under Article 226 of the Constitution of India, cannot be a silent spectator.
40. This Court, since has made prima-facie an observation with respect to the issue of perjury against the concerned Executive Engineer who has sworn the affidavit, is not passing any order for the moment, since, the affidavit dated 10.09.2024 has been filed under the authority of the Secretary stating therein that Page 30 of 34 the show cause notice has been issued and as per the applicable Conduct Rules, such officer will be dealt with.
41. It is incumbent upon the Chief Secretary of the State including the present Secretary, since, the present Secretary was not the officer incumbent as he has recently joined the post, as such, it is the joint accountability of both the Chief Secretary and the Secretary to fix the accountability upon all the officials irrespective of capacity, have been assigned the duty in completion of the project either by virtue of holding the post or by issuance of any authority in this regard.
42. Post this matter on 11.11.2024, so that, the action taken report along with up-date in the progress of the work, be brought on record.
43. This Court, since, has given prima-facie opinion that contempt has been committed by filing false affidavit, therefore, further order will be passed on the next date of hearing.
44. It is made clear that if the progress will not be found to be remarkable, then, the Court will constrain to pass further necessary order holding the failure on the part of the State in discharging the fundamental rights of the citizen of the State of Jharkhand."
3. Even these orders appear to have had no effect upon the respondents and it was then held out that the balance remaining work would be executed by new agency after the tendering process had Page 31 of 34 again been initiated as is evident from the order dated 19th of December 2024.
4. Even during fair weather from 19th of December 2024 up till 20th of August 2025, much progress was not achieved by the respondents and this Court taking into consideration the fact that rainy season was on, granted indulgence to the respondents with a pious hope that the entire exercise of completion of the work would be undertaken by the respondents so as to ensure that the project is completed expeditiously.
5. As is evident from the first order passed on 25th of March 2022, the instant petition is a fallout of W.P. (PIL) No. 1499 of 2008 which was disposed of vide order dated 16.04.2008 as well as W.P. (PIL) No.1479 of 2008 which was disposed of vide order dated 02.08.2016.
6. The cost of the project as sanctioned was Rs.50.00 Crore and out of this, Rs.30.00 Crore had been spent, but the scheme has still not been executed and nobody yet got the drinking water from this project.
7. The Engineer-in-Chief, Drinking Water and Sanitation Department, Government of Jharkhand, has now filed his affidavit dated 18th of September 2025 which goes to indicate that the cost of the project has now gone upto about Rs.68,90,83,000/-, that too for the balance work, meaning thereby that the cost of the project has more than doubled since its inception.
8. It is clearly evident that there is no accountability of the respondents in the instant case where they have failed to discharge Page 32 of 34 the duty by not completing the project within the timeframe thereby depriving the residents of Sahibganj from availability of safe potable drinking water.
9. Even the affidavit now filed by the Engineer-in-Chief, Drinking Water and Sanitation Department, goes to indicate that the project/scheme in question is nowhere near completion and in such circumstances, we are clearly of the view that the respondents despite the undertakings given before this Court have no will whatsoever to complete the project and the filing of affidavits after affidavits with no endeavour to implement the undertakings given in the affidavits have clearly taken this Court for a ride thereby committing gross contempt and violation of the orders passed by this Court.
10. What is more shocking is that the Secretary, Urban Development has not even cared to respond to the letters written by the Engineer-in-Chief, Drinking Water and Sanitation Department, seeking administrative approval on the second revised estimate of balance work of the scheme vide letter No.29 dated 10.01.2205 and the reminder sent vide letter No.666 dated 07.03.2025.
11. Therefore, let all the respondents-authorities herein show cause why they be not prosecuted and punished for having deliberately and willfully committed contempt of the orders of the Court.
12. Let notice in Form I under Rule 393 of the High Court of Jharkhand Rules, 2001, which requires personal attendance, be issued to the respondents-authorities as to why a contempt proceeding be not initiated against them, returnable on 10.10.2025. Page 33 of 34
13. In the meanwhile, the Chief Secretary to the State of Jharkhand is directed to file a personal affidavit clearly stating out the timelines within which the work shall be completed.
14. List on 10.10.2025.
(Tarlok Singh Chauhan, C.J.) (Rajesh Shankar, J.) September 19, 2025 N.A.F.R. Manoj/Pramanik/Cp.2.
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