Jharkhand High Court
Dhananjay P. Raipat vs Ranchi Municipal Corporation & Ors on 12 December, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 618 of 2023
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Dhananjay P. Raipat ... Appellant
Versus
Ranchi Municipal Corporation & Ors.... ... Respondents
with
Cont. Case(C) No. 1097 of 2025
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Gourav Kumar Besra ... Petitioner
Versus
State of Jharkhand & Ors .... ... Respondents
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE ARUN KUMAR RAI
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For the Petitioner : Mr. Amit Kumar Das, Advocate Mrs. Sonam, Advocate For the Respondents : Mr. Rajiv Ranjan, Advocate General Mr. L.C.N. Sahdeo, Advocate Ms. Neha Pandey, Advocate Mr. Yash, Advocate Mr. Manoj Kumar Jha, Advocate Mr. Peeyush Krishna, Advocate
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th Order No. 33: Dated 12 December, 2025 Per Sujit Narayan Prasad, J:
Factual Matrix
1. The present Letters Patent Appeal is directed against the judgment dated 23.8.2023 passed by the learned Single Judge of this Court in W.P. (C) No.3742 of 2022, whereby and whereunder, the learned Single has refused to interfere with the order passed by the appellate authority in connection with U.C. Case No. 163 of 2015 by giving a finding that the construction has been found to be unauthorized and also in violation of the map which was sanctioned by the sanctioning authority.-1-
2. When the matter was taken up on 19th August, 2025, Mr. A.K. Das, the learned counsel appearing for the appellant has submitted that to deal with such deviation the provision has been inserted in the applicable Bye-Laws, by giving an opportunity to the occupier/owner of the construction to make an application for condonation of such deviation. He has further submitted that the said application invoking the jurisdiction conferred to the sanctioning authority under the Bye-Laws has been filed on 22nd July, 2016 but the same has not been decided as yet, i.e., almost over eight years the same is kept pending without any reason. In such view of the matter the appellant is facing hardship and suffering with the predicament that on any date the authority from the corporation may come for demolishing the said construction but without taking care of the said predicament, the sanctioning authority has kept the said application pending since 22nd July, 2016.
3. This Court considering the submissions advanced by learned counsel for the petitioner directed Mr. L.C.N. Shahdeo, the learned counsel appearing for the Corporation to seek instruction that what is the reason in not deciding the said application and keeping it pending for years together, i.e., for the period of more than eight years and file an -2- affidavit stating that who is/are the person(s) responsible for not deciding the said application as yet.
4. Mr. A.K.Das, the learned counsel for the appellant in course of argument has drawn attention of this Court that this Court has already passed an order directing to assign duty to the Town Planners who have been appointed and said to be recruited in the Ranchi Municipal Corporation but still no work has been assigned to them and the work is being taken by the Engineers who have come on deputation in the Ranchi Municipal Corporation, the reason best known to the administrator of the Ranchi Municipal Corporation.
5. Therefore, direction was passed that the said aspect of the matter be also stated in the affidavit as to for what reason no work has been assigned to the Town Planners who have been appointed in the Ranchi Municipal Corporation rather the duty is being taken from the Engineers of the different departments.
6. For ready reference, order dated 19th August, 2025 is quoted as under:
1.The present Letters Patent Appeal is directed against the judgment dated 23.8.2023 passed by the learned Single Judge of this Court in W.P.(C)No.3742 of 2022,whereby and whereunder, the learned Single has refused to interfere with the order passed by the appellate authority in connection with U.C. Case No. 163 of 2015 by giving a finding that the construction has been found to be unauthorized and also in -3- violation of the map which was sanctioned by the sanctioning authority.
2. Mr. A.K.Das, the learned counsel appearing for the appellant has submitted that to deal with such deviation the provision has been inserted in the applicable Bye-Laws, by giving an opportunity to the occupier/owner of the construction to make an application for condonation of such deviation.
3. The learned counsel for the appellant has further submitted that the said application invoking the jurisdiction conferred to the sanctioning authority under the Bye-Laws has been filed on 22nd July, 2016 but the same has not been decided as yet, i.e., almost over eight years the same is kept pending without any reason. It has also been submitted that the appellant is facing hardship and suffering with the predicament that on any date the authority from the corporation may come for demolishing the said construction but without taking care of the said predicament, the sanctioning authority has kept the said application pending since 22nd July, 2016.
4. Mr. L.C.N.Shahdeo, the learned counsel appearing for the Corporation is, therefore, directed to seek instruction that what is the reason in not deciding the said application and keeping it pending for years together, i.e., for the period of more than eight years and file an affidavit stating that who is/are the person(s) responsible for not deciding the said application as yet. The order(s) drawn from the date of filing of such application be appended with the said affidavit. .
5.Mr. A.K.Das, the learned counsel for the appellant in course of argument has submitted that this Court has already passed an order directing to assign duty to the Town Planners who have been appointed and said to be recruited in the Ranchi Municipal Corporation but still no work has been assigned to them and the work is being taken by the Engineers who have come on deputation in the Ranchi Municipal Corporation, the reason best known to the administrator of the Ranchi Municipal Corporation.-4-
6. Let the said aspect of the matter be also stated in the affidavit as to for what reason no work has been assigned to the Town Planners who have been appointed in the Ranchi Municipal Corporation rather the duty is being taken from the Engineers of the different departments.
7. Let this matter be posted on 22nd August, 2025 at 2:15 p.m.
7. When the matter [LPA No. 618 of 2023] was taken up on 22nd August, 2025, after hearing learned counsel for the parties, the intra-court appeal being L.P.A. No. 618 of 2021 was disposed. However, so far the issue raised at paragraph 5 of order dated 19th August, 2025 is concerned, affidavit to that effect was directed to be filed explaining that for for what reason no work has been assigned to the Town Planners who have been appointed in the Ranchi Municipal Corporation rather the duty is being taken from the Engineers of the different departments. Accordingly, the matter was posted on 27.08.2025.
8. Pursuant thereto, the matter was taken up on 27th August, 2025. A counter affidavit was filed on 25.08.2025 pursuant to order dated 19.08.2025, wherein reason has been explained that the Assistant Town Planners have been appointed recently i.e., vide notification number 2757 dated 22.07.2024 issued by the Urban Development & Housing Department, Government of Jharkhand and the Assistant Town Planners are in the 7th Pay Commission at pay level - 9 while on the other hand, Town planners who have been -5- appointed, two in number, are in 7th Pay Commission at pay level - 13. This Court took note that what is the nexus of seniorism or the placement in the higher Pay Scale by taking an excuse of not allowing the work to be assigned to the Assistant Town Planners. Accordingly, this Court in view of the aforesaid fact that the affidavit which has been filed in pursuance of order dated 19.08.2025, cannot be accepted, has rejected the said affidavit.
9. Thereafter, when the matter was taken up on 12th September, 2025. Mrs. Sonam, learned counsel appeared and made a prayer that similar issue of taking services of Assistant Town Planners, has been raised in Contempt Case(C) No. 1097 of 2025 arises out of interim order passed in W.P.C No. 5345 of 2022, as such the said contempt case may be tagged with the present intra-court appeal [LPA No. 618 of 2023].
10. Accordingly, the Contempt Case(C) No. 1097 of 2025 has been directed to be listed along with LPA No. 618 of 2023.
11. This Court has perused the various orders passed by this Court in the present matter, from which following issues has crept up, which is being taken note by this Court:
I. Whether the Town Planners, who are the engineers, deputed in the Ranchi Municipal -6- Corporation from other department of the State of Jharkhand for the purpose of discharging of their duties as town planners, can be allowed to carry out their function as town planner in absence of required eligibility criteria and experience as per the criteria available in the rules of recruitment of Town Planners as formulated by the State?
II. Whether the flow chart, by which the power has been conferred upon the town planners to sanction the map up-to second floor, which is not even the executive instruction said to be issued under Article 162 (3) of the Constitution of India, can be allowed to prevail upon the statutory provision as provided under Sections 427, 429 and other relevant provision of the Jharkhand Municipal Act, 2011?
III. Whether due to lack of eligibility and experience criteria, as required to be possessed by one or the other town planners, making them part of the decision making process of the sanction of the map, such town planners [engineers] can be permitted to participate in the aforesaid work of sanction of map in absence of required eligibility criteria and whether it will not lead to nullity of the -7- aforesaid decision taken by the sanctioning authority under the provision of Sectiond 427, 429 and other relevant provision of the Jharkhand Municipal Act, 2011?
IV. Whether the Assistant Town Planners [ATPs], who have been appointed as per the government decision based upon the recruitment rules having possessed required eligibility and experience, can be said to be less in eligibility/experience criteria due to so-called „no work experience‟ even though in other urban local body save and except the Ranchi Municipal Corporation they are alleged to have allowed to discharge the duty of town planners after being posted as „town planning officer‟?
V. Whether in such circumstances where the town planners are having no requisite qualification and experience can be allowed to discharge their duty, making them part of the map sanction process, for which, even the State also admitting that things are to be re-visited, then in such circumstances will it be proper for this Court to allow such town planners to the carry out the illegality even for a single day?-8-
VI. Whether in such circumstance, will it be proper for this Court not to exercise the power conferred under Article 226 of the Constitution of India to restrain the town planners [the engineers deputed from other departments] from discharging their duties with a direction to use the services of the Assistant Town Planners, who are appointed by the decision taken by the State having possessed all requisite qualification and experience, so that the illegality may not be allowed to be perpetuated resulting into nullity of the map which is being sanctioned by the town planners who are having no eligibility/experience criteria for map sanction process, leading to miscarriage of justice to the people at large?
VII. Whether there is direct interference by the State in the internal affairs of the urban local body i.e., Ranchi Municipal Corporation by issuance of order of deputation of these engineers working as town planners in the Ranchi Municipal Corporation, even though they have no eligibility criteria as per the recruitment rule but even then no order is being passed recalling the order of deputation?-9-
VIII. Whether the Jharkhand Municipal Act, 2011 contains any provision conferring power upon the town planner to have the power to sanction the map even up-to second floor, as has been done in the present case?
IX. Whether the Principal Secretary, Urban Development Department is coming in the way of implementation of undertaking furnished by the Administrator, Ranchi Municipal Corporation undertaking as taken note in order dated 22.07.2025 passed in W.P.(C) 5345 of 2022?
X. Whether once the statute has been finalized and approved by the Assembly and assented by the Governor of the State, as herein the Jharkhand Municipal Act, 2011, then it is available for anyone to come in the way of proper execution of the said statutory provision?
12. The aforesaid issues have been crept up while hearing the matter on merit on the basis of submission advanced on behalf of parties. Since all the issues, as crept up in course of hearing of the matter, are identical and similar, as such they are taken up together.
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13. However, this Court before going to answer these issues thinks it fit and proper to go through the various orders passed by this Court.
14. On 19th August, 2025, Mr. A.K. Das, learned counsel for the petitioner has argued that this Court has already passed an order directing to assign duty to the Town Planners who have been appointed and said to be recruited in the Ranchi Municipal Corporation but still no work has been assigned to them and the work is being taken by the Engineers who have come on deputation in the Ranchi Municipal Corporation, the reason best known to the administrator of the Ranchi Municipal Corporation.
15. Upon such submission, this Court passed order directing the Administrator, Ranchi Municipal Corporation to file affidavit as to for what reason no work has been assigned to the Town Planners who have been appointed in the Ranchi Municipal Corporation rather the duty is being taken from the Engineers of the different departments.
16. For ready reference, the order dated 19th August, 2025 is quoted as under:
―The present Letters Patent Appeal is directed against the judgment dated 23.8.2023 passed by the learned Single Judge of this Court in W.P.(C)No.3742 of 2022,whereby and whereunder, the learned Single has refused to interfere with the order passed by the appellate authority in connection with U.C. Case No. 163 of 2015 by giving a finding that the construction
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has been found to be unauthorized and also in violation of the map which was sanctioned by the sanctioning authority.
2. Mr. A.K.Das, the learned counsel appearing for the appellant has submitted that to deal with such deviation the provision has been inserted in the applicable Bye-Laws, by giving an opportunity to the occupier/owner of the construction to make an application for condonation of such deviation.
3. The learned counsel for the appellant has further submitted that the said application invoking the jurisdiction conferred to the sanctioning authority under the Bye-Laws has been filed on 22nd July, 2016 but the same has not been decided as yet, i.e., almost over eight years the same is kept pending without any reason. It has also been submitted that the appellant is facing hardship and suffering with the predicament that on any date the authority from the corporation may come for demolishing the said construction but without taking care of the said predicament, the sanctioning authority has kept the said application pending since 22nd July, 2016.
4. Mr. L.C.N.Shahdeo, the learned counsel appearing for the Corporation is, therefore, directed to seek instruction that what is the reason in not deciding the said application and keeping it pending for years together, i.e., for the period of more than eight years and file an affidavit stating that who is/are the person(s) responsible for not deciding the said application as yet. The order(s) drawn from the date of filing of such application be appended with the said affidavit.
5. Mr. A.K.Das, the learned counsel for the appellant in course of argument has submitted that this Court has already passed an order directing to assign duty to the Town Planners who have been appointed and said to be recruited in the Ranchi Municipal Corporation but still no work has been assigned to them and the work is
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being taken by the Engineers who have come on deputation in the Ranchi Municipal Corporation, the reason best known to the administrator of the Ranchi Municipal Corporation.
6. Let the said aspect of the matter be also stated in the affidavit as to for what reason no work has been assigned to the Town Planners who have been appointed in the Ranchi Municipal Corporation rather the duty is being taken from the Engineers of the different departments.
7. Let this matter be posted on 22nd August, 2025 at 2:15 p.m.‖
17. Thereafter, the matter [LPA No. 618 of 2023] was taken up on 22nd August, 2025 and disposed of on the same date, however, so far the issue raised at paragraph 5 of order dated 19th August, 2025 is concerned, affidavit to that effect was directed to be filed explaining that for for what reason no work has been assigned to the Town Planners who have been appointed in the Ranchi Municipal Corporation rather the duty is being taken from the Engineers of the different departments. Accordingly, the matter was posted on 27.08.2025.
18. Pursuant thereto, the matter was taken up on 27th August, 2025.
19. A counter affidavit was filed on 25.08.2025 pursuant to order dated 19.08.2025, wherein reason has been explained that the Assistant Town Planners have been appointed recently i.e., vide notification number 2757 dated 22.07.2024 issued by the Urban Development & Housing Department,
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Government of Jharkhand and the Assistant Town Planners are in the 7th Pay Commission at pay level - 9 while on the other hand, Town planners who have been appointed, two in number, are in 7th Pay Commission at pay level - 13.
20. This Court, considering the said ground taken by the State, has observed that this Court has failed to understand that what is the nexus of seniorism or the placement in the higher Pay Scale by taking an excuse of not allowing the work to be assigned to the Assistant Town Planners. The Assistant Town Planners have been appointed for the purpose of taking work in the Municipal Corporation but merely on the ground of the slab of the Pay Scale, it cannot be accepted that the Assistant Town Planners, are not to be assigned any work for the purpose for which they have been appointed, otherwise, they will never get experience to perform the service of the Town Planner.
21. This Court has also made an observation that there is no reference in the affidavit that how they will get experience in the matter of work experience of Town Planner which is in the chain of the system formulated in the matter of sanction of the Map.
22. The counter affidavit therefore having not been found to be satisfactory was rejected with a direction to the Ranchi Municipal Corporation to file fresh affidavit to say that how
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the Assistant Town Planners will get experience so that the work in the nature which is to be performed by the Town Planners in pursuance of sanction of Map, can be allotted in their favour.
23. For ready reference, relevant paragraph of order dated 27.08.2025 is quoted as under:
"5. Mr. L.C.N. Sahdeo has submitted that since the Assistant Town Planners have been appointed recently i.e., vide notification number 2757 dated 22.07.2024 issued by the Urban Development & Housing Department, Government of Jharkhand and the Assistant Town Planners are in the 7th Pay Commission, pay level - 9 while on the other hand, Town planners who have been appointed, two in number, are in 7th Pay Commission, pay level - 13.
6. This Court has failed to understand that what is the nexus of seniorism or the placement in the higher Pay Scale by taking an excuse of not allowing the work to be assigned to the Assistant Town Planners. The Assistant Town Planners have been appointed to deal with the issue of deputing the Engineers of different departments for the purpose of taking work in the Municipal Corporation but merely on the ground of the slab of the Pay Scale, it cannot be accepted that the Assistant Town Planners, are not to be assigned any work for the purpose for which they have been appointed, otherwise, they will never get experience to perform the service of the Town Planner.
7. There is no reference in the affidavit that how they will get experience in the matter of work experience of Town Planner which is in the chain of the system formulated in the matter of sanction of the Map.
9. This Court in view of the aforesaid fact that the affidavit which has been filed in pursuance of order dated
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19.08.2025, cannot be accepted, as such, it is rejected.
10. Let an opportunity be given to the Ranchi Municipal Corporation to hereby file fresh affidavit to say that how the Assistant Town Planners will get experience so that the work in the nature which is to be performed by the Town Planners in pursuance of sanction of Map, can be allotted in their favour.
11. Let this case be listed on 12th September 2025 so that proper affidavit as directed hereinabove, be filed on or before the next date of hearing.‖
24. Thereafter, the matter was taken up on 12th September, 2025. Mrs. Sonam, learned counsel appeared and made a prayer that similar issue of taking services of Assistant Town Planners, has been raised in Contempt Case(C) No. 1097 of 2025, as such the said contempt case may be tagged with the present intra-court appeal [LPA No. 618 of 2023].
25. Accordingly, the Contempt Case(C) No. 1097 of 2025 has been directed to be listed along with LPA No. 618 of 2023. The said contempt case was filed for non-compliance of interim order dated 22.07.2025 passed in W.P.C No. 5345 of 2022 by a Co-ordinate Bench of this Court, wherein the Administrator, Ranchi municipal Corporation has appeared and undertaken before the Court that due orders will be issued so far as taking services of the Town Planner and In-
charge Legal Section are concerned within a day or two.
26. In view of such undertaking given by the Administrator, Ranchi Municipal Corporation, the writ Court directed to bring on record such notification on record within a week.
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But such notification has not been filed by the Administrator, Ranchi Municipal Corporation till date.
27. For ready relevant pat of order dated 22.07.2025 passed in W.P.C No. 5345 of 2022 by a Co-ordinate Bench of this Court, is quoted as under:
―13. It has further been stated by the Administrator, R.M.C., Ranchi that due orders will be issued so far as taking services of the Town Planner and In-charge Legal Section are concerned within a day or two.
14. Considering the said undertaking, this Court is of the view that let necessary order be passed so that the issue of sanction of map be expedited and the people who have taken loan on the high interest rate may not suffer due to non- sanction of map.
15. The Administrator, Ranchi Municipal Corporation has undertaken before this Court that due orders will be issued so far as taking services of the Town Planner and In-charge Legal Section are concerned within a day or two.
16. In view of the aforesaid undertaking, we are granting a week's time from today to come out with the order in this regard.
17. Let such notification, as per the undertaking furnished by the Administrator of the Ranchi Municipal Corporation, be issued within a week.
18. The affidavit be filed showing the decision, so taken, as has been referred herein above.
28. Thereafter, the matter was taken up on 9th October, 2025.
29. Mr. L.C.N. Sahdeo, learned counsel for the Ranchi Municipal Corporation referring to paragraph 9 to the show cause filed on behalf of Administrator, Ranchi Municipal
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Corporation has submitted that the post of Town Planners falls within the jurisdiction of Urban Development & Housing Department, Government of Jharkhand and not within the jurisdiction of Administrator, Ranchi Municipal Corporation.
30. Accordingly, the Principal Secretary, Urban Development & Housing Department, Government of Jharkhand was added as Opposite Party in the contempt case.
31. Mr. Shray Mishra, AC to Advocate General waived notice on behalf of newly added opp. party and sought for three weeks‟ time to file show cause. But no show cause was filed on behalf of Opp. Party-Secretary, Urban Development & Housing Department, Government of Jharkhand.
32. Thereafter the matter was taken up on 12th November, 2025, wherein detailed order has been passed by Court taking note of different orders passed by this Court, as discussed above, and a question has been posed as „as to whether these engineers working as Town Planners have requisite eligibility criteria along with experience or not as required to hold the post of Town Planner [Assistant Town Planner].
33. This Court has perused the statutory rules of recruitment, wherefrom it is evident that the Town Planners,
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who are civil engineers, borrowed from other departments have no requisite qualification to hold the post.
34. For ready reference, the education qualification for the appointment of basic grade of Assistant Town Planner is quoted herein:
Educational qualification for appointment to the basic grade of Assistant Town Planner:
Name of Minimum Educational Qualification___________ the post Assistant A Gradation Master's Degree Association Town Planner
(i).Architecture Master of Associate
(ii).B. Planning Planning with Membership
(iii).Civil specialization on of Institute Engineering any of following:- of Town
(i).Urban Planning Planners
(ii).Transport (India), New Planning Delhi.
(iii).Housing
(iv).Environmental Planning.
(v).Regional Planning
35. In such view of the matter, this Court has shown its concern that even after appointment of Assistant Town Planners under the regular cadre now the State of Jharkhand are having the Assistant Town Planners but even then the work are being taken of the post of Town Planners from persons [engineers] who have been deputed in the RMC
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though having no eligibility/experience as per the recruitment rule, which is mandatorily to be possessed by one or the other who have to work and discharge his duty as Town Planner.
36. However, the excuse of training is being taken for the purpose of gaining experience but that was not accepted by this Court on the ground since as has been stated that the training is being imparted to these Assistant Town Planners but it appears that the work which is being taken from them is miscellaneous in nature having no concern with the issue of town planning.
37. This Court took note of the fact that on the one hand, it has been stated that the training is being imparted to these Assistant Town Planners as such the main work is being taken from Town Planners [engineers borrowed from other departments], while on the other hand, as per submission advanced by learned counsel for the petitioner, in other Urban Local bodies, except the Ranchi Municipal Corporation, the ATPs have been assigned with the duty of Town Planning, which has not disputed by learned counsel for the respondents-State or RMC.
38. Therefore, this Court posed a question that if the arrangement has been made by the concerned department of the State Government posting of ATPs as Town Planning
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Officer in the other Urban Local Bodies of different district of State, then why not such arrangement has been made in the Ranchi Municipal Corporation.
39. This Court also took note of the fact that if the Assistant Town Planners under the government policy decision have been appointed then in no stretch of imagination the town planners who have been deputed having no eligibility criteria can be allowed to remain in the Urban Local Bodies.
40. However, in course of deliberation on 12th November, 2025, one flow chart as mentioned in the said resolution dated 28.06.2023 has been shown by the learned counsel for the respondent-RMC, which is quoted as under:
― Workflow process:
License Technical Person ↓ Scrutiny at Urban Local Body [ULB] ↓ Legal Officer ↓ Junior Engineer ↓ Town Planner _________ Upto 2-Storey Building ↓ Municipal Commissioner ____ Above 2-Storey Building
41. From the above flow chart it is evident that the Town Planner has been given power to sanction the building up-to 2-Storey. The power of sanction of map above 2-Storey
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building has been conferred upon the Municipal Commissioner.
42. At this juncture, learned Advocate General has entered his appearance on behalf of Secretary, Urban Development, Government of Jharkhand.
43. Therefore, this Court posed a question to the learned Advocate General that under what authority the town planners have been conferred power to sanction the map even up-to two-storey building. This Court has further posed a question as to whether the Jharkhand Municipal Act, 2011 contains any provision conferring power upon the town planner to have the power to sanction the map.
44. Such question was posed on the basis of statutory provision as already available in the State of Jharkhand in the name of „Jharkhand Municipal Act, 2011‟, which has been brought into being after 74th amendment laying down the procedure for sanction of map, building plan, which is to be sanctioned by the Municipal Commissioner or Executive Officer/ Authority, as would be evident from the provision as contained in Section 429 and other allied Section of Jharkhand Municipal Act, 2011.
45. This Court has criticized that due to want of power conferred upon the town planner, how the building plans have been sanctioned.
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46. Upon this, the learned Advocate General at this juncture has sought for time to seek proper instruction in the matter.
47. Accordingly, the matter was listed on 3rd December, 2025.
48. Thereafter, the matter was taken up on 3rd December, 2025. But no affidavit was filed in pursuance to order dated 12th November, 2025.
49. Therefore, the Principal Secretary, Urban Development Department was directed to appear physically at 12:30 p.m. for passing necessary order along with the Administrator, RMC.
50. Pursuant thereto, the Principal Secretary, Urban Development Department, appeared and submitted that for allowing the Assistant Town Planners, permission is required to be taken from the Higher Authorities.
51. Upon this Court posed a pin-pointed question that who is the Higher Authority, then, the Secretary has stated that the Minister of the concerned Department.
52. This Court observed that if any interference of the Minister of concerned Department is there, then, he needs to be impleaded as party to the proceeding, but the Court has refrained itself from passing such order on that date.
53. This Court taking into consideration the fact that the Administrator had given undertaking that due orders will be
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issued so far as taking services of the Town Planner and In- charge Legal Section within a day or two, as has been taken note in the order dated 22.07.2025 passed in W.P.(C) No.5345 of 2022, as quoted and referred above, but till date no such order has been passed by the Administrator, RMC has come to the conclusion of prima-facie contempt and called upon the Administrator for issuing notice under Rule 393 of High Court of Jharkhand Rules.
54. This Court further gathered from the statement of the Principal Secretary, Urban Development Department that he is heading the Department, who has deputed the Engineers for performing the work of Town Planners and since, it is upon him to recall the order of deputation by repatriating these Engineers which is not being done, hence, this Court opined that he is coming in the way of implementation of undertaking furnished by the Administrator, Ranchi Municipal Corporation.
55. Accordingly, notice was issued upon the Principal Secretary, Urban Development Department, Govt. of Jharkhand under Rule 393 of High Court of Jharkhand Rules calling explanation on or before the next date of hearing i.e., 09.12.2025.
56. For ready reference, relevant part of order dated 3rd December, 2025 is quoted as under:
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5.No Affidavit in terms of the said order has been filed.
6.This Court, considering the non-filing of an affidavit and also considering the aforesaid fact is of the view that the Urban Development Department is coming in the way of the decision to be taken by the Ranchi Municipal Corporation, the institution, who is supposed to act independently in order to follow the 74th Amendment of the Constitution of India and the State Government is also interfering with the same.
7.This Court, having the aforesaid concern, has called upon the Principal Secretary, Urban Development Department, Govt. of Jharkhand.
8.The Principal Secretary, Urban Development Department, has appeared physically and submitted that for allowing the Assistant Town Planners, permission is required to be taken from the Higher Authorities.
9.This Court has posed a pin-pointed question that who is the Higher Authority, then, the Secretary has stated that the Minister of the concerned Department.
10.If that be so, then this Court is of the view that if any interference of the Minister of concerned Department is there, then, he needs to be impleaded as party to the proceeding. But today the Court is refraining in passing such order.
11.It appears to this Court that Assistant Town Planners have been appointed as has been referred in the various orders passed by this Court, i.e., the orders dated 19.08.2025,
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22.08.2025, 27.08.2025 and 12.11.2025 but they are not being allowed to carry out the work independently as Assistant Town Planner, rather, the work is being allowed to carry out by the Engineers who have been deputed, even though, they are having no requisite eligibility criteria to act as a Town Planner, as required.
12.The requisite criteria to act as a Town Planner having been taken note at paragraph-12 of the order dated 12.11.2025, for ready reference, the same is being referred as under: -
"12. This Court, in order to assess as to whether these engineers working as Town Planners have requisite eligibility criteria along with experience or not as required to hold the post of Town Planner [Assistant Town Planner], has perused the statutory rules of recruitment, wherefrom it is evident that the relevant rule regarding the post of Town Planner is there, which is quoted as under:
Educational qualification for
appointment to the basic grade of
Assistant Town Planner:
Name of Minimum Educational Qualification___________
the post
Assistant A Gradation Master's Degree Association
Town
Planner
(i).Architecture Master of Associate
(ii).B. Planning Planning with Membership
(iii).Civil specialization on of Institute of
Engineering any of following:- Town
(i).Urban Planning Planners
(ii).Transport (India), New
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Planning Delhi.
(iii).Housing
(iv).Environmental
Planning.
(v).Regional
Planning
13.Admittedly, the Town Planners who have been deputed, are having no master of planning with specialization on any of the following: -
(i) Urban Planning
(ii) Transport Planning
(iii) Housing
(iv) Environmental Planning
(v) Regional Planning as also one or
the other Town Planner is to be
Associate Membership of Institute
of Town Planner (India), New
Delhi.
14.Again, it needs to refer herein that the State Government has appointed the Assistant Town Planner to manage the issue of approval of map. But, contrary to the aforesaid policy decision for the purpose for which the Town Planners have been appointed, the work is not being taken from them.
15.Even the Town Planners have been allowed to sanction the map although upto two-storey building and that has also been taken note to explain under what authority they are being conferred with the power to sanction the map which is contrary to Sections 427 and 429 of the Jharkhand Municipal Act, 2011. It is nothing but fraud upon the Statute and the Constitution.
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16.The excuse has been given that the Assistant Town Planners are having no training as yet.
17.Further, the aforesaid reasoning is not acceptable in the context of the fact that the Engineers who have been deputed to act as a Town Planner is even having no minimum educational qualification as required to act as Town Planner, as has been referred hereinabove.
18.This Court is further not convinced that the Assistant Town Planners who are being not provided with the work on the ground of lack of experience, are being allowed to carry out the work of Town Planner by posting them as the Town Planning Officers in the different local bodies of the State of Jharkhand, then how can, there will be different treatment for the District of Ranchi.
19.It needs to refer herein that the Administrator had given undertaking that due orders will be issued so far as taking services of the Town Planner and In-charge Legal Section are concerned within a day or two, as has been taken note in the order dated 22.07.2025 passed in W.P.(C) No.5345 of 2022, for ready reference, the relevant paragraphs of the aforesaid order are being referred as under:-
"13. It has further been stated by the Administrator, R.M.C., Ranchi that due orders will be issued so far as taking services of the Town Planner and In-charge Legal Section are concerned within a day
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or two.
14. Considering the said undertaking, this Court is of the view that let necessary order be passed so that the issue of sanction of map be expedited and the people who have taken loan on the high interest rate may not suffer due to non-sanction of map.
15. The Administrator, Ranchi Municipal Corporation has undertaken before this Court that due orders will be issued so far as taking services of the Town Planner and In-charge Legal Section are concerned within a day or two.
16. In view of the aforesaid undertaking, we are granting a week's time from today to come out with the order in this regard.
17. Let such notification, as per the undertaking furnished by the Administrator of the Ranchi Municipal Corporation, be issued within a week."
20.This Court has already come to the conclusion of prima-facie contempt and called upon the Administrator for issuing notice under Rule 393 of High Court of Jharkhand Rules.
21.It further appears from the discussion made hereinabove, particularly, the statement of the Principal Secretary, Urban Development Department that he is heading the Department,
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who has deputed the Engineers for performing the work of Town Planners and since, it is upon him to recall the order of deputation by repatriating these Engineers which is not being done, hence, the Principal Secretary, Urban Development Department is coming in the way of implementation of undertaking furnished by the Administrator, Ranchi Municipal Corporation.
22.Accordingly, notice is also being issued upon the Principal Secretary, Urban Development Department, Govt. of Jharkhand under Rule 393 of High Court of Jharkhand Rules.
23.Let explanation be filed on or before the next date of hearing.
24.List these matters on 09.12.2025.
25.Mrs. Sonam, learned counsel, who is representing the litigant concerned in contempt case, whose intervention application has also been allowed, has submitted that she is also being threatened by disclosing the name of one Madhukant Thakur.
26.She has further submitted that such threatening is being given to her entire family members.
27.The Sr. Superintendent of Police, Ranchi is directed to forthwith investigate the matter and do needful so that any mis-happening to the learned counsel who is practicing as an Advocate of this Court and her family members, be not happened.
28.The Sr. Superintendent of Police, Ranchi will be held personally responsible, if any mis- happening will be done with the learned counsel
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and her family members.
29.Let the update be given on the next date of hearing.
30.Let this order be communicated forthwith to the Sr. Superintendent of Police, Ranchi.
31.Mr. Mohan Kr. Dubey, learned AC to AG is directed also to forthwith communicate this order to the Sr. Superintendent of Police, Ranchi.
32.The oral communication of this order is to be communicated to the Sr. Superintendent of Police, Ranchi today itself without waiting for the web copy or the certified copy of this order.
57. On 09.12.2025, a show-cause was filed on behalf of Principal Secretary, Urban Development Department, Govt. of Jharkhand.
58. Placing the said show-cause, Mr. Ashutosh Anand, learned AAG-III appearing for the State has sought for six weeks‟ time stating that the State has taken steps for removal of two engineers and making arrangement of the power, which has been said to be utilized by the town planner (two engineers who are posted as the town planners in the Ranchi Municipal Corporation), for the purpose of sanctioning the map up-to two-storey buildings. But, admittedly no order for repatriating those town planners to their parent department was issued by the nodal department i.e., the Urban
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Development Department for the reasons best known to them even accepting the fact that the things are to be re-visited.
59. However, this Court observed that when the undertaking has already been furnished by the Administrator, RMC vide order dated 22.07.2025 passed in W.P.(C) 5345 of 2022 and in earlier order dated 03.12.2025 this Court has already observed that Principal Secretary, Urban Development Department is coming in the way of implementation of undertaking furnished by the Administrator, Ranchi Municipal Corporation while issuing the notice under Rule 393 of the Jharkhand High Court Rules, but again the same stand has been taken in the garb of process having been initiated as has been stated in paragraph 13 and 14 of the show -cause dated 09.12.2025, as such filing of the present show-cause is being considered by this Court to be the deliberate attempt to flout the undertaking furnished by the Administrator, and particularly the Secretary Urban Development Department, coming in the way.
60. However, before passing further order, this court granted one more opportunity to the Secretary, Urban Development and Housing Department to come out with the decision so that the undertaking furnished by the Administrator, Ranchi Municipal Corporation be enforced.
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Accordingly, the matter has been listed on 10.12.2025 and the Secretary, Urban Development and Housing Department was directed to remain physically present.
61. But on 10.12.2025 an interlocutory application was filed seeking exemption from personal appearance of the Principal Secretary, Urban Development and Housing Department, Govt. of Jharkhand for two days on the ground that he is to remain physically present in the on-going Session of the Legislative Assembly.
62. This Court considering the reason assigned in the instant application, allowed the interlocutory application and the personal appearance of the Principal Secretary, Urban Development and Housing Department, Govt. of Jharkhand was exempted for two days.
63. Accordingly, the matter has been adjourned to be listed on 12.12.2025.
64. Today, when the matter was taken up, the Principal Secretary, Urban Development and Housing Department, Govt. of Jharkhand as also the Administrator, Ranchi Municipal Corporation are physically present before this Court.
65. The matter was heard and this Court has gone through all the previous orders passed by this Court, as discussed above.
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66. It appears from the various orders passed by this Court, that although a deliberate attempt has been made on behalf of the Administrator, Ranchi Municipal Corporation to flout its own undertaking but subsequently as per the stand taken in the show cause it is evident that that the Administrator, Ranchi Municipal Corporation is having no power to pass order of repatriation of these two engineers working in the RMC as Town Planner, rather they are deputed on the order passed by the Urban Development Department i.e, the Nodal Department and as such this Court has come to the conclusion that it is the Principal Secretary, Urban Development and Housing Department, Govt. of Jharkhand who is coming in way of not adhering to the undertaking furnished by the Administrator, Ranchi Municipal Corporation. But for the aforesaid reason, the Administrator, Ranchi Municipal Corporation also cannot be said to have absolved of his liability since he is the ultimate authority to sanction the map and if he is allowing such town planners, borrowed from other departments to continue, even after appointment of regular Assistant Town Planners, to sanction the map, then it will amount to failure of duty on his part said to be not in consonance with the statutory provision in particular Jharkhand Municipal Act, 2011.
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67. The Administrator, Ranchi Municipal Corporation since has got the autonomy due to purport of 74th Amendment of the Constitution, as such it is not available for the Administrator, Ranchi Municipal Corporation to act on the tune of the Secretary of the Urban Development Department.
68. It further appears that prior to filing of the show cause, it has been stated that the opinion is to be taken from the concerned minister. The Secretary has appeared and stated before this Court that the concerned minister is in the way and it is not the Secretary. For ready reference, the statement so recorded in order dated 3rd December, 2025 is quoted herein below:
―8.The Principal Secretary, Urban Development Department, has appeared physically and submitted that for allowing the Assistant Town Planners, permission is required to be taken from the Higher Authorities.
9. This Court has posed a pin-pointed question that who is the Higher Authority, then, the Secretary has stated that the Minister of the concerned Department.
10. If that be so, then this Court is of the view that if any interference of the Minister of concerned Department is there, then, he needs to be impleaded as party to the proceeding. But today the Court is refraining in passing such order.‖
69. The said fact has been reiterated in the affidavit stating therein that the opinion of the concerned minister is required.
70. However, when the matter has been taken up, the learned Advocate General in presence of Principal Secretary, Urban Development and Housing Department, Govt. of
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Jharkhand and the Administrator, Ranchi Municipal Corporation has submitted that the things which has been referred in various order is required to be re-visited.
71. However, in the show cause filed on 10.12.2025 different stand has been taken i.e., the Department is to take decision subject to approval by the departmental minister.
72. The aforesaid affidavit therefore clarifies that even the department is not disputing the fact that nobody can be allowed to discharge the duty contrary to the constitutional framework as is being allowed to be carried out by the two town planners who have been deputed in the RMC.
73. However, the averment which has been made in the show cause says that the approval/opinion of the concerned minister is required.
74. This Court, therefore, criticizes the said stand that once the statute has been formulated conferring upon the particular authority and if the Court is calling upon the authority to mend the office so that the work be performed smoothly and the map be sanctioned in accordance with law then it is none of the business of the concerned minister or even the Chief Minister to come in the way for the purpose of delaying the matter in the garb of giving opinion.
75. The opinion is only required prior to finalization of the statute and once the statute has been finalized and approved
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by the Assembly and assented by the Governor of the State then it is none of the business either of the Minister or even the Chief Minister or Governor to come in the way of proper execution of the statutory provision since we are living in the democratic set up of society, of which government is to run on the collective system and the moment the rule is being finalized by the majority of the member of the Assembly, and assented by the Governor, it is not available for any individual to come in the way of proper implementation or functioning of the way on the basis of statute.
76. Reference in this regard be made to the judgment rendered by Hon‟ble Apex Court in the case of Samsher Singh Vs. State of Punjab & Anr. reported in AIR 1974 SC 2192, in particular paragraph 28 , which reads hereunder as:
28. Under the Cabinet system of Government as embodied in our Constitution the Governor is the constitutional or formal head of the State and he exercises all his powers and functions conferred on him by or under the Constitution on the aid and advice of his Council of Ministers save in spheres where the Governor is required by or under the Constitution to exercise his functions in his discretion.
48. The President as well as the Governor is the constitutional or formal head. The President as well as the Governor exercises his powers and functions conferred on him by or under the Constitution on the aid and advice of his Council of Ministers, save in spheres where the Governor is required by or under the Constitution to exercise his functions in his discretion. Wherever the Constitution requires the
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satisfaction of the President or the Governor for the exercise by the President or the Governor of any power or function, the satisfaction required by the Constitution is not the personal satisfaction of the President or Governor but the satisfaction of the President or Governor in the constitutional sense in the Cabinet system of Government, that is, satisfaction of his Council of Ministers on whose aid and advice the President or the Governor generally exercises all his powers and functions. The decision of any Minister or officer under Rules of Business made under any of these two Articles 77(3) and 166(3) is the decision of the President or the Governor respectively. These articles did not provide for any delegation. Therefore, the decision of a Minister or officer under the Rules of Business is the decision of the President or the Governor.
57. For the foregoing reasons we hold that the President or the Governor acts on the aid and advice of the Council of Ministers with the Prime Minister at the head in the case of the Union and the Chief Minister at the head in the case of State in all matters which vests in the Executive whether those functions are executive or legislative in character. Neither the President nor the Governor is to exercise the executive functions personally. The present appeals concern the appointment of persons other than District Judges to the Judicial Services of the State which is to be made by the Governor as contemplated in Article 234 of the Constitution after consultation with the State Public Service Commission and the High Court. Appointment or dismissal or removal of persons belonging to the Judicial Service of the State is not a personal function but is an executive function of the Governor exercised in accordance with the rules in that behalf under the Constitution.
77. Role of the Governor as executive head in the democratic set-up is fully defined and all executive actions of the government of a State are formally taken in the name of
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Governor and the Governor can make rules specifying the manner in which the orders and other instruments made and executed in his/her name shall be authenticated. Further, the Governor can make rules for more convenient transactions of the business of a state government and for the allocation among the ministers of the said business. Role of the Governor as executive head in the democratic set-up is fully defined and all executive actions of the government of a State are formally taken in name of Governor and Governor can make rules specifying the manner in which the orders and other instruments made and executed in his/her name shall be authenticated. Further, the Governor can make rules for more convenient transactions of the business of a state government and for the allocation among the ministers of the said business.
78. Further, the Hon'ble Apex Court in the case of Samatha v. State of A.P., (1997) 8 SCC 191 has categorically held that the Governor of each State is its executive head and the executive power of the State shall be exercised by the Governor either directly or through officers subordinate to him in accordance with the Constitution as envisaged under Article 154 of the Constitution of India. The executive power of the State, subject to the provisions of the Constitution, by operation of Section 162, shall extend to the
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matters with respect to which the legislature of the State has power to make laws.
79. Herein, the statute has been formulated in the name of „Jharkhand Municipal Act, 2011' where the power has been conferred under Section 427 and 429 of the Act, 2011 for sanctioning the map by the Municipal Commissioner or Executive Officer/Authority and/or the competent authority but even then allegedly power has been conferred too by way of flow chart. Even if it is accepted by the Court then also the said power cannot be said to be conferred upon authority contrary to the statute.
80. However, one flow chart has been shown, as contained in Resolution dated 28.06.2023, but the said flow chart or even the executive instruction cannot over-ride the statutory provision and supplant to the original rule/statute. Reference in this regard be made to the judgment rendered by Hon‟ble Apex Court in the case of K Kuppusamy & Anr. Vs. State of T.N.& Ors. [(1998) 8 SCC 469], wherein at paragraph 3 it has been held as under:
"3. The short point on which these appeals must succeed is that the Tribunal fell into an error in taking the view that since the Government had indicated its intention to amend the relevant rules, its action in proceeding on the assumption of such amendment could not be said to be irrational or arbitrary and, therefore, the consequential orders passed have to be upheld. We are afraid this line of approach cannot be countenanced. The relevant rules, it is admitted, were
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framed under the proviso to Article 309 of the Constitution. They are statutory rules. Statutory rules cannot be overridden by executive orders or executive practice. Merely because the Government had taken a decision to amend the rules does not mean that the rule stood obliterated. Till the rule is amended, the rule applies. Even today the amendment has not been effected. As and when it is effected ordinarily it would be prospective in nature unless expressly or by necessary implication found to be retrospective. The Tribunal was, therefore, wrong in ignoring the rule."
81. Further, the similar view has been reiterated by Hon'ble Apex Court in the case of P. Sadagopan & Ors. Vs. Food Corporation of India, Zonal Officer (South Zone) [(1997) 4 SCC 301)], wherein it has been held that ".....It is now settled legal position that executive instructions cannot be issued in derogation of the statutory Regulations...."
82. The Hon'ble Apex Court in the case of Ratan Kumar Tandon v. State of U.P. reported in (1997) 2 SCC 161, has been pleased to hold that the subordinate legislation do not have any overriding effect on operation of statutory provision of law.
83. The executive instruction can be issued by the Government in order to supplement the statutory provision but not to supplant as has been held by Hon'ble Apex Court in the case of S. Sivaguru vs. State of Tamil Nadu and Ors. reported in (2013) 7 SCC 335 wherein it has been held as under:
―49. The qualifications prescribed under the aforesaid
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Rules for the basic post of Health Inspector Grade II, were: (a) SSLC Pass Certificate; (b) one year long-term Multipurpose Health Worker (Male) Training Certificate; or (c) Sanitary Course Certificate with short-term Multipurpose Health Worker (Male) Training Certificate. The aforesaid provision contained in the Rules framed under Article 309 of the Constitution of India could not be amended by executive instructions. We have no hesitation in accepting the first submission of Mr Rao that the executive instructions cannot supplant the statutory rules, in view of the ratio of law laid down in Sant Ram Sharma4. The aforesaid ratio has been reiterated by this Court on numerous occasions. It is not necessary to make a reference to any of the subsequent decisions as it would be a mere repetition of the accepted ratio, noticed above. We are, however, of the opinion that the ratio of law laid down in Sant Ram Sharma case4 would not be applicable in the facts and circumstances of this case.
52. From the above, it becomes apparent that GOMs No. 320 dated 27-6-1997 did not have the effect of amending the Rules. It is also clear that the aforesaid G.O. did not supplant the statutory provisions. It is also further clear that there was no relaxation of the qualifications on the post of Multipurpose Health Assistant (Health Inspector Grade II) or on the post of Multipurpose Health Supervisor (Health Inspector Grade I). Therefore, in our opinion, upon integration of Leprosy Inspectors into the cadre of Multipurpose Health Supervisors, the further categorisation into Health Inspector Grade IA and Health Inspector Grade IB was wholly unjustified. It had no rational nexus with any object sought to be achieved, and therefore, violated Articles 14 and 16 of the Constitution of India.
72.2. The aforesaid GOMs No. 320 dated 27-6-1997 did not bring about an amendment in the statutory services rules contained in GOMs No. 1507 dated 16-8-1989. The GOMs was supplementary to the aforesaid Rules and
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did not supplant the same.‖
84. The Hon‟ble Apex Court again in the case of Public Service Commission, Uttaranchal vs. Jagdish Chandra Singh Bora and Anr. reported in (2014) 8 SCC 644 has laid down that the executive instruction cannot supplant rules, reference in this regard may be made to paragraph 28 of the judgment, which reads hereunder as:
―28. However, we find substance in the submission made by Mr C.U. Singh that 2004 clarification would not have the effect of amending the 2003 Rules. Undoubtedly, 2004 clarification is only an executive order. It is settled proposition of law that the executive orders cannot supplant the Rules framed under the proviso to Article 309 of the Constitution of India. Such executive orders/instructions can only supplement the Rules framed under the proviso to Article 309 of the Constitution of India. In spite of accepting the submission of Mr C.U. Singh that clarification dated 29- 4-2004 would not have the effect of superseding, amending or altering the 2003 Rules, it would not be possible to give any relief to the respondents. The criteria under the 2003 Rules govern all future recruitments. We have earlier already concluded that no vested right had accrued to the respondents, the trained apprentices, under the 2001 Rules. We do not accept the submission of Mr C.U. Singh that the claim of the respondents (trained apprentices) would be covered under the 2001 Rules by virtue of the so-called amendment made by the 2003 Rules. We are of the opinion that the High Court committed an error, firstly, in holding that the 2003 Rules are applicable, and secondly, not taking into consideration that all the posts had been filled up by the time the decision had been rendered.‖
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85. Herein, the Town Planners [engineers borrowed from other departments] have been conferred power to perform duty to sanction map up-to two storey building even though such power is not vested under the statute.
86. The fact that these two town planners have no jurisdiction to sanction the map since even they are not possessing the requisite qualification to hold the post are in admission, even as per statement made by learned Advocate General and the affidavit filed by the respondents.
87. Further the town planners who have been deputed in Ranchi Municipal Corporation are also not eligible to hold the post due to lack of eligibility criteria/experience as per the rules as referred above, then the question arises that whether will it be proper to make them part of sanctioning of map in the RMC and if they are sanctioning such map then the question remains that what is the sanctity of such sanctioned map.
88. Herein, one excuse has been given that the same been conferred by this Court. But even accepting the same stand, however, no order to that effect has been brought before us, then also, the acceptance by the Court in judicial side contrary to statute will not confer any power to the authority or the domain of the State to confer power upon the authority to discharge the duty.
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89. Otherwise also, it is settled position of law that things is to be done strictly in accordance with law as there cannot be any deviation and if any deviation is there in the decision- making process the same will be nullity in the eye of law.
90. Thus, it is the settled connotation of law that the things are to be done as provided in the statute and there cannot be any deviation, reference may be made to the judgment rendered by the Hon'ble Apex Court in the case of Babu Verghese vs. Bar Council of Kerala, reported in (1999) 3 SCC 422, wherein, it has been held at paragraphs-31 and 32 as under:
"31. It is the basic principle of law long settled that if the manner of doing a particular act is prescribed under any statute, the act must be done in that manner or not at all. The origin of this rule is traceable to the decision in Taylor v. Taylor which was followed by Lord Roche in Nazir Ahmad v. King Emperor who stated as under:
"[W]here a power is given to do a certain thing in a certain way, the thing must be done in that way or not at all."
32. This rule has since been approved by this Court in Rao Shiv Bahadur Singh v. State of V.P. and again in Deep Chand v. State of Rajasthan. These cases were considered by a three- judge bench of this Court in State of U.P. v. Singhara Singh and the rule laid down in Nazir Ahmad case was again upheld. This rule has since been applied to the exercise of jurisdiction by courts and has also been recognized as a statutory principle of administrative law."
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91. Reference may also be made to the judgment rendered by the Hon'ble Apex Court in the case of Zuari Cement Ltd. v. Regional Director ESIC Hyderabad (in Civil Appeal No. 5138-40/2007), reported in (2015) 7 SCC 690, wherein, it has been held at paragraph-14 as under:
"14. As per the scheme of the Act, the appropriate Government alone could grant or refuse exemption. When the statute prescribed the procedure for grant or refusal of exemption from the operation of the Act, it is to be done in that manner and not in any other manner. In State of Jharkhand v. Ambay Cements, it was held that :
26.... it is the cardinal rule of interpretation that where a statute provides that a particular thing should be done, it should be done in the manner prescribed and not in any other way."
92. This Court is of the view that if an employee deputed/ appointed without having eligibility criteria they are not entitled to function on a particular post and for the aforesaid purpose the remedy has been made available under Article 226 by issuing the writ of quo warranto but we are not going to that extent rather we are only concerned with the sanctity of the map which is being sanctioned by way of insertion of these two engineers as part of map sanctioning mechanism.
93. We are conscious that the High Court is to refrain itself from directing the State in making the law but that does not preclude the High Court that if any gross illegality/error has been committed by the State or its functionary, the power conferred under Article 226 of the Constitution of India is not
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to be exercised that too if the decision so taken, as being taken herein, is at the cost of interest of people at large. Maps are being sanctioned for the construction of building and even multi-storey building but if the map which is being sanctioned itself goes to the nullity then for what fault the general people who are purchasing/constructing homes by taking loans from banks is made to suffer that is the concern of the Court.
94. In view of discussions made hereinabove, this Court is of the view that, if this Court would not exercise the power conferred under Article 226 of the Constitution of India by restraining the functioning of these town planners then this Court will fail in discharging its constitution obligation and the very purport of Article 226 of the Constitution of India will be frustrated.
95. Another aspect of the matter would be apt to mention herein that "Jharkhand Municipal Act, 2011‟, has been brought into being after 74th amendment laying down the procedure for sanction of map, building plan, which is to be sanctioned by the Municipal Commissioner or Executive Officer/ Authority, as would be evident from the provision as contained in Section 429 and other allied Section of Jharkhand Municipal Act, 2011.
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96. The Constitutional mandate as per 74th amendment is only to achieve the object to provide autonomy to the urban local bodies without any interference of the State. It is worth to mention herein that Constitution (Seventy Forth Amendment) Act, 1992 has introduced a new Part IXA in the Constitution, which deals with Municipalities under Article 243 P to 243 ZG. This amendment, also known as Nagarpalika Act, came into force on 1st June 1993. It has given constitutional status to the municipalities and brought them under the justifiable part of the constitution. States were put under constitutional obligation to adopt municipalities as per system enshrined in the constitution. For ready reference, Article 243 P to 243 ZG of the Constitution is quoted as under:
THE MUNICIPALITIES 243P. Definitions.--In this Part, unless the context otherwise requires,--
(a) ―Committee‖ means a Committee constituted under article 243S;
(b) ―district‖ means a district in a State;
(c) ―Metropolitan area‖ means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification to be a Metropolitan area for the purposes of this Part;
(d) ―Municipal area‖ means the territorial area of a Municipality as is notified by the Governor;
(e) ―Municipality‖ means an institution of self-government constituted under article 243Q;
(f) ―Panchayat‖ means a Panchayat constituted under article 243B;
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(g) ―population‖ means the population as ascertained at the last preceding census of which the relevant figures have been published.
243Q. Constitution of Municipalities.--(1) There shall be constituted in every State,--
(a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area;
(b) a Municipal Council for a smaller urban area; and
(c) a Municipal Corporation for a larger urban area, in accordance with the provisions of this Part:
Provided that a Municipality under this clause may not be constituted in such urban area or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by public notification, specify to be an industrial township. (2) In this article, ―a transitional area‖, ―a smaller urban area‖ or ―a larger urban area‖ means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this Part.
243R. Composition of Municipalities.--(1) Save as provided in clause (2), all the seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose each Municipal area shall be divided into territorial constituencies to be known as wards. (2) The Legislature of a State may, by law, provide--
(a) for the representation in a Municipality of--
(i) persons having special knowledge or experience in Municipal administration;
(ii) the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the Municipal area;
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(iii) the members of the Council of States and the members of the Legislative Council of the State registered as electors within the Municipal area;
(iv) the Chairpersons of the Committees constituted under clause (5) of article 243S:
Provided that the persons referred to in paragraph (i) shall not have the right to vote in the meetings of the Municipality; (b) the manner of election of the Chairperson of a Municipality. 243S. Constitution and composition of Wards Committees, etc.--(1) There shall be constituted Wards Committees, consisting of one or more wards, within the territorial area of a Municipality having a population of three lakhs or more. (2) The Legislature of a State may, by law, make provision with respect to--
(a) the composition and the territorial area of a Wards Committee;
(b) the manner in which the seats in a Wards Committee shall be filled.
(3) A member of a Municipality representing a ward within the territorial area of the Wards Committee shall be a member of that Committee.
(4) Where a Wards Committee consists of--
(a) one ward, the member representing that ward in the Municipality; or
(b) two or more wards, one of the members representing such wards in the Municipality elected by the members of the Wards Committee, shall be the Chairperson of that Committee. (5) Nothing in this article shall be deemed to prevent the Legislature of a State from making any provision for the constitution of Committees in addition to the Wards Committees.
243T. Reservation of seats.--(1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of the Scheduled Castes in the Municipal area or of the Scheduled Tribes in the Municipal area bears to the total population of that area and such seats may be allotted by rotation to different constituencies in a Municipality.
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(2) Not less than one-third of the total number of seats reserved under clause (1) shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes (3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies in a Municipality. (4) The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the Legislature of a State may, by law, provide.
(5) The reservation of seats under clauses (1) and (2) and the reservation of offices of Chairpersons (other than the reservation for women) under clause (4) shall cease to have effect on the expiration of the period specified in article 334.
(6) Nothing in this Part shall prevent the Legislature of a State from making any provision for reservation of seats in any Municipality or offices of Chairpersons in the Municipalities in favour of backward class of citizens.
243U. Duration of Municipalities, etc.--(1) Every Municipality, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer:
Provided that a Municipality shall be given a reasonable opportunity of being heard before its dissolution. (2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Municipality at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1). (3) An election to constitute a Municipality shall be completed,-- (a) before the expiry of its duration specified in clause (1); (b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Municipality for such period.
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(4) A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued under clause (1) had it not been so dissolved. 243V. Disqualifications for membership.-- (1) A person shall be disqualified for being chosen as, and for being, a member of a Municipality--
(a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned: Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years;
(b) if he is so disqualified by or under any law made by the Legislature of the State.
(2) If any question arises as to whether a member of a Municipality has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide.
243W. Powers, authority and responsibilities of Municipalities, etc.--Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow--
(a) the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self- government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to--
(i) the preparation of plans for economic development and social justice;
(ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule;
(b) the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule.
243X. Power to impose taxes by, and Funds of, the Municipalities.--The Legislature of a State may, by law,--
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(a) authorise a Municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits;
(b) assign to a Municipality such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits;
(c) provide for making such grants-in-aid to the Municipalities from the Consolidated Fund of the State; and
(d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Municipalities and also for the withdrawal of such moneys therefrom, as may be specified in the law.
243Y. Finance Commission.--(1) The Finance Commission constituted under article 243-I shall also review the financial position of the Municipalities and make recommendations to the Governor as to-- (a) the principles which should govern--
(i) the distribution between the State and the Municipalities of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them under this Part and the allocation between the Municipalities at all levels of their respective shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Municipalities;
(iii) the grants-in-aid to the Municipalities from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the Municipalities;
(c) any other matter referred to the Finance Commission by the Governor in the interests of sound finance of the Municipalities. (2) The Governor shall cause every recommendation made by the Commission under this article together with an explanatory memorandum as to the action taken thereon to be laid before the Legislature of the State.
243Z. Audit of accounts of Municipalities.--The Legislature of a State may, by law, make provisions with respect to the maintenance of accounts by the Municipalities and the auditing of such accounts.
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243ZA. Elections to the Municipalities.--(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in the State Election Commission referred to in article 243K (2) Subject to the provisions of this Constitution, the Legislature of a State may, by law, make provision with respect to all matters relating to, or in connection with, elections to the Municipalities.
243ZB. Application to Union territories.--The provisions of this Part shall apply to the Union territories and shall, in their application to a Union territory, have effect as if the references to the Governor of a State were references to the Administrator of the Union territory appointed under article 239 and references to the Legislature or the Legislative Assembly of a State were references in relation to a Union territory having a Legislative Assembly, to that Legislative Assembly: Provided that the President may, by public notification, direct that the provisions of this Part shall apply to any Union territory or part thereof subject to such exceptions and modifications as he may specify in the notification. 243ZC. Part not to apply to certain areas.--(1) Nothing in this Part shall apply to the Scheduled Areas referred to in clause (1), and the tribal areas referred to in clause (2) of article 244. (2) Nothing in this Part shall be construed to affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under any law for the time being in force for the hill areas of the district of Darjeeling in the State of West Bengal. (3) Notwithstanding anything in this Constitution, Parliament may, by law, extend the provisions of this Part to the Scheduled Areas and the tribal areas referred to in clause (1) subject to such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of this Constitution for the purposes of article 368. 243ZD. Committee for district planning.--(1) There shall be constituted in every State at the district level a District Planning Committee to consolidate the plans prepared by the Panchayats and the Municipalities in the district and to prepare a draft development plan for the district as a whole.
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(2) The Legislature of a State may, by law, make provision with respect to--
(a) the composition of the District Planning Committees;
(b) the manner in which the seats in such Committees shall be filled: Provided that not less than four-fifths of the total number of members of such Committee shall be elected by, and from amongst, the elected members of the Panchayat at the district level and of the Municipalities in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district;
(c) the functions relating to district planning which may be assigned to such Committees;
(d) the manner in which the Chairpersons of such Committees shall be chosen.
(3) Every District Planning Committee shall, in preparing the draft development plan,-- (a) have regard to--
(i) matters of common interest between the Panchayats and the Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;
(ii) the extent and type of available resources whether financial or otherwise;
(b) consult such institutions and organisations as the Governor may, by order, specify.
(4) The Chairperson of every District Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State. 243ZE. Committee for Metropolitan planning.--(1) There shall be constituted in every Metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole.
(2) The Legislature of a State may, by law, make provision with respect to--
(a) the composition of the Metropolitan Planning Committees;
(b) the manner in which the seats in such Committees shall be filled:
Provided that not less than two-thirds of the members of such Committee shall be elected by, and from amongst, the elected
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members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio between the population of the Municipalities and of the Panchayats in that area;
(c) the representation in such Committees of the Government of India and the Government of the State and of such organisations and institutions as may be deemed necessary for carrying out the functions assigned to such Committees;
(d) the functions relating to planning and coordination for the Metropolitan area which may be assigned to such Committees;
(e) the manner in which the Chairpersons of such Committees shall be chosen.
(3) Every Metropolitan Planning Committee shall, in preparing the draft development plan,--
(a) have regard to--
(i) the plans prepared by the Municipalities and the Panchayats in the Metropolitan area; (ii) matters of common interest between the Municipalities and the Panchayats, including coordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation;
(iii) the overall objectives and priorities set by the Government of India and the Government of the State;
(iv) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and of the Government of the State and other available resources whether financial or otherwise;
(b) consult such institutions and organisations as the Governor may, by order, specify.
(4) The Chairperson of every Metropolitan Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State.
243ZF. Continuance of existing laws and Municipalities.-- Notwithstanding anything in this Part, any provision of any law relating to Municipalities in force in a State immediately before the commencement of the Constitution (Seventy-fourth Amendment) Act, 1992, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the
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expiration of one year from such commencement, whichever is earlier:
Provided that all the Municipalities existing immediately before such commencement shall continue till the expiration of their duration, unless sooner dissolved by a resolution passed to that effect by the Legislative Assembly of that State or, in the case of a State having a Legislative Council, by each House of the Legislature of that State.
243ZG. Bar to interference by courts in electoral matters.-- Notwithstanding anything in this Constitution,--
(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under article 243ZA shall not be called in question in any court;
(b) no election to any Municipality shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.]
97. It needs to refer herein that the 73rd and the 74th Constitutional Amendment Acts, 1992 enjoins upon the states to establish a three-tier system of Panchayats at the village, intermediate and district levels; and Municipalities in the urban areas respectively. States are expected to devolve adequate powers, responsibilities and finances upon these bodies so as to enable them to prepare plans and implement schemes for economic development and social justice. These Acts provide a basic framework of decentralization of powers and authorities to the Panchayati Raj/Municipal bodies at different levels.
98. The Statement of Objects and Reasons of the Constitution (74th Amendment) Act, 1992, briefly outlined
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the object and purpose for which the Constitution Amendment was brought. It is useful to refer to the Statement of Objects and Reasons of the Constitution Amendment which is to the following effect:
―Statement of Objects and Reasons
1. In many States local bodies have become weak and ineffective on account of a variety of reasons, including the failure to hold regular elections, prolonged supersession and inadequate devolution of powers and functions. As a result, urban local bodies are not able to perform effectively as vibrant democratic units of self-government.
2. Having regard to these inadequacies, it is considered necessary that provisions relating to urban local bodies are incorporated in the Constitution particularly for-- (i) putting on a firmer footing the relationship between the State Government and the urban local bodies with respect to-- (a) the functions and taxation powers; and (b) arrangements for revenue sharing; (ii) ensuring regular conduct of elections; (iii) ensuring timely elections in the case of supersession; and (iv) providing adequate representation for the weaker sections like Scheduled Castes, Scheduled Tribes and women.‖
99. The Hon'ble Apex Court while noticing the object and purpose of the Constitution (74th Amendment) Act, 1992 in the case of Kishansing Tomar v. Municipal Corpn., Ahmedabad, (2006) 8 SCC 352] has observed as under:
"12. It may be noted that Part IX-A was inserted in the Constitution by virtue of the Constitution (Seventy-fourth) Amendment Act, 1992. The object of introducing these provisions was that in many States the local bodies were not working properly and the timely elections were not being held and the nominated bodies were continuing for long periods. Elections had been irregular and many times unnecessarily delayed or postponed and the elected bodies
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had been superseded or suspended without adequate justification at the whims and fancies of the State authorities. These views were expressed by the then Minister of State for Urban Development while introducing the Constitution Amendment Bill before Parliament and thus the new provisions were added in the Constitution with a view to restore the rightful place in political governance for local bodies. It was considered necessary to provide a constitutional status to such bodies and to ensure regular and fair conduct of elections. In the Statement of Objects and Reasons in the Constitution Amendment Bill relating to urban local bodies, it was stated...."
100. This Court, considering the mandate of 74th amendment by which Article 243 P to 243 ZG as has been inserted, is of the view that on this ground also if the Court will not exercise the power conferred under Article 226 of the Constitution of India by restraining the State in interfering with the internal affairs of the urban local bodies herein RMC then this Court will fail in discharging its duty to be vested by way of extra- ordinary jurisdiction under Article 226 of the Constitution of India.
101. Herein, this Court has even granted ample opportunity to the State to justify their action as would be evident from different orders but no affidavit has been filed justifying the conduct.
102. Therefore, this Court has also issued notice under Section 393 of the Jharkhand High Court Rules to initiate proceeding for contempt but as per considered view of this Court punishing the person will not serve the purpose in
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such a stage of constitutional crises, which is being created and has been created by the State mechanism.
103. This Court has thought it proper not to proceed at this stage by initiating proceeding for contempt rather than to exercise the power conferred under Article 226 of the constitution of India by passing prohibitory order by restraining the State not to interfere with the internal affairs of the local urban bodies in particular Ranchi Municipal Corporation, in the garb of deputation of the engineers.
104. Furthermore, this Court has gathered from different affidavits filed on behalf of the State and even the undertaking furnished by the Administrator, Ranchi Municipal Corporation and even the submission has been advanced today by learned Advocate General, that there is direct interference under the administrative domain of the urban local bodies i.e., RMC herein, which is being headed by Administrator, Ranchi Municipal Corporation.
105. This fact is gathered from the conduct or even the Administrator, Ranchi Municipal Corporation who has undertaken before this Court regarding the issue of Legal Officer to take work from the Legal Officer, who is posted in RMC till the government comes for recruitment of the Law Officer even the undertaking was furnished to take work from the ATPs.
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106. Even accepting that placing the services of one or the other employees is under the domain of the State but that does not mean that in the garb of deputing an employee for the functioning of the urban local body the State will put control to the aforesaid method.
107. The State particularly the learned Advocate General today in presence of Secretary, Urban Development Department has submitted that the State Government will re- visit the process of sanction of map.
108. It requires to refer herein that when the Jharkhand Municipal Act, 2011 has been enacted, to achieve the object of 74th amendment incorporated in the Constitution of India, then where is the jurisdiction lies to the State Government to re-visit the process for sanctioning of map rather the exercise is to be taken by the urban local bodies and the authority, who is heading the same then only it will be said to be in consonance with the constitutional spirit that is the spirit of 74th amendment of the constitution of India by insertion of provision under Article 243 P to 243 ZG of the Constitution of India.
109. It would be evident from the preamble of Jharkhand Municipal Act, 2011 that the Act has been enacted to follow the mandate of 74th Amendment of Constitution of India by which Article 243 P to 243 ZG has been inserted in the
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Constitution making the urban local bodies as an autonomous body providing there all the provisions to generate their own resources including income.
110. For ready reference the preamble part of the Act 2011 is being quoted as under:
―An Act to consolidate and amend the laws relating to the Municipal Governments in the State of Jharkhand in conformity with the provisions of the Constitution of India as amended by the Constitution (Seventy fourth Amendment) Act, 1992, based on the principles of participation in, and decentralization, autonomy and accountability of, urban self-government at various levels, to introduce reforms in financial management and accounting systems, internal resource generation capacity and organizational design of municipalities, to ensure professionalisation of the municipal personnel, and to provide for matters connected therewith or incidental thereto‖
111. In essence, the Jharkhand Municipal Act, 2011, is the primary legal instrument, empowering municipalities to levy various taxes and fees for civic services, with detailed financial procedures and specific tax types outlined in its sections and associated rules and regulations. For ready reference the relevant provision of Act 2011 by which revenue is generated is being referred as under:
―155. Power to levy fees and fines. (1) The municipality shall have the power to levy fees in exercise of the regulatory powers vested in it by or under this Act or the rules or the regulations made thereunder for-
(a) sanction of building plans and issue of completion certificates,
(b) issue of municipal licenses for various non-residential uses of lands and buildings,
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(c) licensing of -
(i) various categories of professionals such as plumbers and surveyors,
(ii) various activities such as sinking of tube-wells, sale of meat, fish or poultry, or hawking of articles, (iii) sites used for advertisements or premises used for private markets, slaughterhouses, hospitals, nursing homes, clinics, factories, warehouses, godowns, goods transport depots, eating-houses, lodging- houses, hotels, theatres, cinema-houses and places of public amusement and for other non residential uses,
(iv) animals,
(v) carts or carriages or vehicles, and (vi) such other activities which require a license or permission under the provisions of this Act, and (d) issue of birth and death certificates.
(2) The municipality shall have power to levy fine for committing nuisance or for violating any provisions of the Act.
156. Levy of surcharge on tax or fee.- The municipality may levy a surcharge at such rate on a tax, or user charge, or fee towards electricity consumption within the municipal area.
157. Power to levy development charge.- The municipality may levy such development charge as may be determined by regulation, from time to time, on any residential building with a height of more than fourteen meters, or any nonresidential building, having regard to its location along a particular category of street, its use characteristics, and sanctioned built up area.
159. Power to impose consolidated tax - (1) Notwithstanding anything contained in the foregoing sections, the Municipal Commissioner or the Executive Officer, in lieu of imposing separately any two or more of the taxes described in sub- section (1) of Section 153 or subject to anyone or more of the said taxes and a drainage tax, or surcharge, may, with the previous approval of the Standing Committee, impose a consolidated tax, at such rate as it deems fit, assessed on the annual value of holdings situated within the municipality. (2) Such consolidated tax shall be payable in such proportion by the owners and occupiers of holdings as the
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Municipal Commissioner or the Executive Officer, may determine.
112. On the basis of discussion made hereinabove, it appears that the State Government is not following its own Act which amounts to deviation from the constitutional mandate
113. The further instance of direct interference would be evident from the stand taken by the Secretary, Urban Development Department which has been taken note by this Court in order dated 3rd December, 2025 wherein he has specifically stated that the minister of the concerned department is in the way, relevant paragraph of which has already been quoted hereinabove.
114. This Court therefore taking note of the statement made by the Secretary, Urban Development Department has also put a question that how can a minister come in the way once the statute has been enacted by the State i.e., Jharkhand Municipal Act, 2011.
115. The further instance of interference by the State in the internal affairs of the urban local body i.e., RMC is the order of deputation which has been made by the State of the town planners who are deputed in the RMC even though is not eligible as per the recruitment rule but even then, no order is being passed recalling the order of deputation.
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116. The further factual aspect of the matter also has been considered by this Court of putting burden upon the State exchequer by deputing these engineers as town planners in the Ranchi Municipal Corporation and for the very purpose Assistant Town Planners have been appointed as per the rule formulated by the State, as referred above, but by deputing the engineers in the RMC the salary is being paid which according to our considered view is the burden upon the State exchequer causing suffering to the public money and the departments from which they have been borrowed certainly has to suffer due to vacant seat of such engineers.
117. Further, this Court also took note of the attitude of the concerned department of the State Government in not taking the services of the Assistant Town Planners [ATPs] in the Ranchi Municipal Corporation only is not understandable to this Court which is being taken in the garb of no practical experience but if that be so then why the Assistant Town Planners [ATPs] have been appointed allowing them to act and discharge their duty as town planner in different local bodies of the State of Jharkhand carving out exception to the RMC.
118. We have posed a specific question on the issue that if the Assistant Town Planners [ATPs] who have been appointed are having no practical experience, then why the work of
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town planning officers has been taken from such ATPs in other urban local bodies except RMC, but no positive response has come.
119. This Court in view thereof is of the view that State is interfering in the affairs of urban local bodies particularly RMC, which is nothing but betrayal of the constitutional mandate and violation of mandate of 74th Amendment.
120. It needs to refer herein that the Judiciary cannot abdicate the solemn duty which the Constitution has placed on its shoulders and the Constitutional Courts cannot sit in oblivion when rights of individuals are at stake. Our Constitution has conceived the Constitutional Courts to act as defenders against illegal intrusion of the rights of individuals. The Constitution, under its aegis, has armed the Constitutional Courts with wide powers which the Courts should exercise, without an iota of hesitation or apprehension, when the rights of individuals are in jeopardy, reference in this regard be made to the judgment rendered by the Hon'ble Apex Court in the case of Kalpana Mehta v. Union of India, (2018) 7 SCC 1, relevant paragraph of the which is being quoted as under
45. At this juncture, we think it apt to clearly state that the judicial restraint cannot and should not be such that it amounts to judicial abdication and judicial passivism. The Judiciary cannot abdicate the solemn duty which the Constitution has placed on its shoulders i.e. to protect the fundamental rights of
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the citizens guaranteed under Part III of the Constitution. The constitutional courts cannot sit in oblivion when fundamental rights of individuals are at stake. Our Constitution has conceived the constitutional courts to act as defenders against illegal intrusion of the fundamental rights of individuals. The Constitution, under its aegis, has armed the constitutional courts with wide powers which the courts should exercise, without an iota of hesitation or apprehension, when the fundamental rights of individuals are in jeopardy. Elucidating on the said aspect, this Court in Virendra Singh v. State of U.P. [Virendra Singh v. State of U.P., AIR 1954 SC 447] has observed : (AIR p. 454, para 34) ―34. ... We have upon us the whole armour of the Constitution and walk from henceforth in its enlightened ways, wearing the breastplate of its protecting provisions and flashing the flaming sword of its inspiration.‖
121. In view of discussions made hereinabove, the issues, as framed by this Court, is answered to the effect that:
A. The Town Planners, who are the engineers, deputed in the Ranchi Municipal Corporation from other department of the State of Jharkhand for the purpose of discharging of their duties as town planners, cannot be allowed to carry out their function as town planner in absence of required eligibility criteria and experience as per the criteria available in the rules of recruitment of Town Planners as formulated by the State.
B. The so-called flow chart, by which the power has been conferred upon the town planners to sanction the map up-to second floor, which is not even the executive instruction said to be issued under Article 162 (3) of the Constitution of India, cannot be allowed to prevail upon
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the statutory provision as provided under Section 427, 429 and other relevant provision of the Jharkhand Municipal Act, 2011.
C. Due to lack of eligibility and experience criteria, as required to be possessed by one or the other town planners, they cannot be permitted to participate in the aforesaid work of sanction of map in absence of required eligibility criteria and as it will lead to nullity of the decision taken by the sanctioning authority under the provision of Section 427, 429 and other relevant provision of the Jharkhand Municipal Act, 2011.
D. The Assistant Town Planners [ATPs], who have been appointed as per the government decision based upon the recruitment rules having possessed required eligibility and experience, cannot be said to be less in eligibility/experience criteria due to so-called „no work experience‟ in a fact situation where in other urban local body save and except the Ranchi Municipal Corporation they are alleged to have allowed to discharge the duty of town planners after being posted as „town planning officer‟.
E. For the discussions made hereinabove, the town planners who are having no requisite qualification and
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experience cannot be allowed to discharge their duty, making them part of the map sanction process, for which, even the State also admitting that things are to be re-visited.
F. Admittedly, the town planners, who are part of the map sanctioning mechanism, is also having conferred with the jurisdiction to sanction the map up-to two storey building but due to lack of eligibility criteria as per the rule the entire map which is being sanctioned making them part of the sanction mechanism may suffer from impropriety for which ultimately the poor people like the applicants, who are approaching the Ranchi Municipal Corporation for getting the map sanctioned will be the ultimate sufferer. The Act, 2011 has been enacted for good governance and if the same is not being followed in its letter and spirit, as per mandate of 74th Amendment of Constitution then what to say about good governance rather it will be adverse to the interest of applicant(s) concerned.
G. In such circumstance, it is fit to exercise the power conferred under Article 226 of the Constitution of India to restrain the town planners [the engineers deputed from other departments] in discharging their duties with a direction to use the services of the assistant
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town planners, who are appointed by the decision taken by the State having possessed all requisite qualification and experience, so that the illegality may not be allowed to be perpetuated resulting into nullity of the map which is being sanctioned by the town planners who are having no eligibility/experience criteria for map sanction process, leading to miscarriage of justice to the people at large.
H. This Court has come to the conclusion that there is direct interference by the State in the internal affairs of the urban local body in particular Ranchi Municipal Corporation by issuance of order of deputation of these engineers working as town planners in the Ranchi Municipal Corporation, even though they have no eligibility criteria as per the recruitment rule but even then no order is being passed recalling the order of deputation.
I. The State has failed to show any provision in the Jharkhand Municipal Act, 2011 conferring power upon the town planner to have the power to sanction the map even up-to second floor, as has been done in the present case.
J. As per discussions made hereinabove, it is evident that the Principal Secretary, Urban Development
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Department has come in the way of implementation of undertaking furnished by the Administrator, Ranchi Municipal Corporation undertaking as taken note in order dated 22.07.2025 passed in W.P.(C) 5345 of 2022.
K. It is settled position of law that once the statute has been finalized and approved by the Assembly and assented by the Governor of the State, as herein the Jharkhand Municipal Act, 2011, then it is not available for anyone to come in the way of proper execution of the said statutory provision.
122. In view of the issues having been answered by this Cout in the manner as indicated hereinabove, since the facts are admitted that these two town planners are no having eligibility criteria and even then they are conferred with the power to sanction the map up-to two storey building and made part of the map-sanctioning mechanism as per the flow chart.
123. At this juncture, it requires to refer herein that we are conscious that the High Court is to refrain itself from directing the State in making the law but that does not preclude the High Court that if any gross illegality/error has been committed by the State or its functionary, the power conferred under Article 226 of the Constitution of India is not
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to be exercised that too if the decision so taken, as being taken herein, is at the cost of interest of people at large, as discussed hereinabove.
124. It is well settled that the administrative law has well recognised the principal of an administrative decision becoming unlawful if the decision fails to take into account relevant considerations, or even when it takes into account irrelevant considerations. Judicial review of administrative action on the ground of illegality would then require consideration of provision of the statute, rules or regulations, or even a policy empowering exercise of such power or discretion. This process may seem to be a simple case of interpretation of the laws, however as judicial review is in the realm of public law, constitutional courts have the duty to ensure that the power or discretion is exercised in furtherance of the purpose and object of the statute, the rule or the regulation, or for that matter implementation of a policy. In this process while accounting for relevant and irrelevant considerations that may influence the decision, the court also takes into account the broader principles of rule of law and good governance. Reference in this regard be made to the judgment rendered by Hon‟ble Apex Court in the case of Adarsh Sahkari Grih Nirman Swawlambi Society Ltd.
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Vs. The State of Jharkhand & Ors. as reported in 2025 INSC 1389.
125. Further, It needs to refer herein, as also discussed herein above, that the Judiciary cannot abdicate the solemn duty which the Constitution has placed on its shoulders and the Constitutional Courts cannot sit in oblivion when rights of individuals are at stake. The Constitution, under its aegis, has armed the Constitutional Courts with wide powers which the Courts should exercise, without an iota of hesitation or apprehension, when the rights of individuals are in jeopardy.
126. In view of discussions made hereinabove, this Court is of the view that, if this Court would not exercise the power conferred under Article 226 of the Constitution of India by restraining the functioning of these town planners then this Court will fail in discharging its constitution obligation and the very purport of Article 226 of the Constitution of India will be frustrated.
127. Accordingly, this Court in exercise of power conferred under Article 226 of the Constitution of India, in the admitted position of the aforesaid fact, is hereby passing following direction:
I. In view of discussions made hereinabove these two town planners, deputed from other department(s) of the State Government, are being restrained from
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discharging their duty as Town Planners due to lack of eligibility/experience as per rule relevant provision of the Jharkhand Municipal Act, 2011.
However, these town planners [engineers] may be repatriated by the State Government.
II. The Assistant Town Planners, who are being posted in the Ranchi Municipal Corporation, by way of regular appointment, be allowed to discharge their duty as Town Planners so that the work of the Ranchi Municipal Corporation be not hampered.
128. List this matter on 29th January, 2026.
(Sujit Narayan Prasad, J.) (Arun Kumar Rai, J.) 12th December, 2025 A.F.R Alankar/-
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