Jharkhand High Court
Khushboo Kataruka vs The State Of Jharkhand And Others on 15 July, 2021
Author: Ravi Ranjan
Bench: Chief Justice, Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No. 1463 of 2020
Khushboo Kataruka ... ... ... Petitioner
Versus
The State of Jharkhand and others ... ... Respondents
with
W.P. (PIL) No. 1325 of 2011
Court on its own motion
Versus
State of Jharkhand and others .... .... Respondents
with
W.P. (PIL) No. 7498 of 2016
Surendra Kumar Paswan ... ... ... ... Petitioner
Versus
The State of Jharkhand and others ... ... ... Respondents
with
W.P. (PIL) No. 1911 of 2019
Rajiv Kumar Singh ... ... ... ... ... Petitioner
Versus
The State of Jharkhand and others ... ... Respondents
with
Cont. Case (Civil) No. 580 of 2020
Rajiv Kumar Singh ... ... ... ... ... Petitioner
Versus
Vinay Chaubey, the Secretary, Department of Urban
Development and others ... ... ... Opp. parties
with
W.P. (PIL) No. 2116 of 2020
Rajiv Kumar Singh ... ... ... Petitioner
Versus
The State of Jharkhand and others ... ... Respondents
------
CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
------
For the Petitioners : Ms. Khushboo Kataruka (In person)
Mr. Rajeev Kumar, Advocate
2
Mr. Ram Subhag Singh, Advocate
Mr. Indrajit Sinha, Amicus Curiae
For the State : Mr. Rajiv Ranjan, Advocate General
Mr. Sachin Kumar, A.A.G.-II
Mrs. Neelam Tiwari, Sr. S.C.-II
Mrs.Vandana Singh, Sr. S.C.-III
Mr. Piyush Chitresh, A.C. to A.G.
For the RMC : Mr. L.C.N. Shahdeo, Advocate
For the DVC : Ms. Srija Choudhury, Advocate
For the JSHB : Mr. Akash Deep, Advocate
------
Oral Order
19/Dated : 15th July, 2021
Matter has been heard through video conferencing and there is no complaint whatsoever regarding audio and/or video quality.
2. Reference may be made to the order dated 08.04.2021 as also the order dated 08.07.2021.
3. Mr. Vinay Chaubey, at present working as Principal Secretary, Urban Development Department, Govt. of Jharkhand, Mr. Chhavi Ranjan, Deputy Commissioner, Ranchi, Mr. Mukesh Kumar, Commissioner, Ranchi Municipal Corporation and Mr. Surindra Kumar Jha, Senior Superintendent of Police, Ranchi are present through Video Conferencing mode to assist this Court.
4. It has been submitted by the Principal Secretary, Urban Development Department that the steps are being taken to remove the encroachment by issuing appropriate direction upon the Deputy Commissioner, Ranchi and Ranchi Municipal Corporation as also the policy has been made out for afforestation in the District of Ranchi, Jamshedpur and Dhanbad.
He further submits that on the next date the action taken report and also the future action plan will be brought to the notice of this Court by way of an affidavit.
5. It has been informed to this Court by Mr. Sachin Kumar, 3 learned AAG-II appearing for the State of Jharkhand that the affidavits have been filed replying the queries made by this Court vide order dated 08.04.2021.
It has been submitted by the learned AAG-II that steps are being taken for removing the encroachment but our attention has been drawn by the petitioner in person that no such effective steps are being taken for removing the encroachment as would be evident from the affidavits filed by the Deputy Commissioner, Ranchi as also the Ranchi Municipal Corporation.
6. He has drawn the attention of this Court towards an affidavit filed by the Deputy Commissioner on 09.04.2021, whereby and whereunder, it has been stated by making reference to the encroachment made over river bed at Hinoo River that no Gair Majurwa land has been settled/leased. Statement has also been made about the encroachment near the water bodies like Dhurwa Dam, Kanke Dam, Getal Sud Dam, Bara Talab, Harmu River and Hinoo River.
The details have been given in the chart appended to the said affidavit regarding the action taken by the authority for removal of encroachment but as yet the encroachment has not been removed for one reason or the other and more particularly the main reason as would appear from the said chart i.e., due to non-availability of police force.
7. It has been informed by the Commissioner, Ranchi Municipal Corporation that due to inadequate men power who are to be assigned duty of removal of construction which has been found to be illegal in the proceeding, could not have been removed.
8. Mr. Indrajit Sinha, Amicus curiae has submitted about the encroachment nearby Dhurwa Dam, Kanke Dam, Getal Sud Dam, Bara 4 Talab and Hinoo River. He has pointed out referring to the communication dated 31.03.2021, as part of Annexure-C to the said affidavit that although it has been stated that no Gair Majurwa land has been leased out but there is reference of land in the nature of Gair Majurwa which has been settled by way of lease situated in Hinoo Mauza/Thana No.225, Khata no.205, Plot No.430 and as such, it is incorrect on the part of the deponent to say that no Gair Majurwa land has been available nearby River Bed of Hinoo has been said to be settled by way of lease.
It has further been submitted by Mr. Sinha, Amicus Curiae that it will be of utmost important to look into the record of settlement of Gair Majurwa land situated in Hinoo Mauza/Thana No.225, Khata no.205, Plot No.430 in order to scrutinize as to whether the settlement work of the aforesaid land has been done in pursuance to the applicable rules and regulations since the land has been settled which is situated nearby river bed.
It has further been submitted that in spite of interim order of making no construction nearby the water reservoirs and the river bed, still constructions are going on.
9. The reference of another affidavit dated 30.06.2021 has also been made before this Court in which again a chart has been appended showing the details of encroachment by one or the other along with the circular conferring power upon the State authority for settlement of Gair Majurwa land.
10. Ms. Khushboo Kataruka, has further submitted that as yet sewerage treatment plant (SPT) has not been installed in the Bara Talab, in consequence thereof, waste water is going inside the Bara Talab. 5
It has further been submitted by her that the Bara Talab is still being used as dumping yard for waste material like plastic etc. and even in spite of repeated direction passed by this Court, it is not being prohibited by the authority concerned.
11. In pith and substance, the party in person as also the Amicus Curiae have submitted that no fruitful steps have been taken by the respondent authorities for removal of encroachment as also their vague explanation in the affidavit about settlement of Gair Majurwa land without disclosing the name in whose favour the aforesaid land pertaining to Hinoo Mauza/Thana No.225, Khata no.205, Plot No.430 has been settled to enable this Court to assess with respect to decision of the authority in settlement of the land to examine the fact as to whether the settlement of Gair Majurwa land has been done in pursuance to the regulation as appended to the affidavit.
12. Mr. Sachin Kumar, learned AAG-II appearing for the State has also submitted that on the next date the detailed affidavit would be filed stating the progress of action taken by the respondent authorities in the matter of removal of encroachment as also the details of settlement of Gair Majurwa land by way of lease with respect to Hinoo Mauza/Thana No.225, Khata no.205, Plot No.430 will also be produced.
13. Let an affidavit be filed by the concerned respondent replying the following queries:-
(i) The Deputy Commissioner, Ranchi will apprise this Court about further progress in the matter of encroachment near water bodies like Dhurwa Dam, Kanke Dam, Getal Sud Dam, Bara Talab and Hinoo River;
(ii) The Deputy Commissioner, Ranchi will also apprise this Court 6 about the status of Coordination Committee with a detail as to when it has been constituted and what its outcome;
(iii) The Deputy Commissioner, Ranchi is directed to place the record of settlement by way of lease of Gair Majurwa land pertaining to Hinoo Mauza/Thana No.225, Khata no.205, Plot No.430;
(iv) This Court, however, is passing repeated direction in this regard but even thereafter the order is not being complied with, it seems that the authorities are not caring the order passed by this Court in spite of repeated direction of restrainment order not to make construction near catchment area of water reservoirs/river bed and not to allow anybody to use Bara Talab as a dumping yard for waste material like plastic etc., as such, the Deputy Commissioner, Ranchi and the Commissioner, Ranchi Municipal Corporation are directed to ensure the compliance of the Court's order to that effect otherwise this Court will consider the inaction to be contumacious in nature.
(v) The Commissioner, Ranchi Municipal Corporation will apprise this Court about further progress in the matter of pending UC cases and progress in removal of encroachment;
(vi) The Principal Secretary, Urban Development Department will apprise this Court about strength of man power in Ranchi Municipal Corporation and how the difficulty, as has been expressed by the Commissioner, Ranchi Municipal Corporation pertaining to inadequacy of men power will be sorted out; 7
14. Let an affidavit be filed on or before the next date of hearing.
15. Since the issue has been raised by the Commissioner, Ranchi Municipal Corporation about inadequacy of men power, as such, to deliberate upon the issue, the Principal Secretary, Urban Development Department, Govt. of Jharkhand being the competent authority to resolve the issue is required to appear before this Court to assist.
So far as the Deputy Commissioner, Ranchi and the Commissioner, Ranchi Municipal Corporation are concerned, they are also required to appear in person to up-date on the issue since the matter pertains to removal of encroachment over the river bed/water reservoirs around the district of Ranchi.
16. Let these cases be listed on 05.08.2021. On that date, the Principal Secretary, Urban Development Department, Govt. of Jharkhand, Deputy Commissioner, Ranchi, Commissioner, Ranchi Municipal Corporation, Senior Superintendent of Police, Ranchi and the Secretary, Drinking Water and Sanitation Department, Govt. of Jharkhand shall appear before this Court through Video Conferencing mode.
(Dr. Ravi Ranjan, C.J.)
Rohit/- (Sujit Narayan Prasad, J.)