Jharkhand High Court
Ram Ballabh Sahu vs The State Of Jharkhand on 6 December, 2019
Author: Ravi Ranjan
Bench: Chief Justice, Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(PIL) No. 5705 of 2018
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Ram Ballabh Sahu, son of Ram Gati Sahu, Age-66 years, Q. No. 67/2/3, G,H, Colony, Chhotagovindpur, Jamshedpur, Govindpur Housing Colony, District-East Singhbhum .... Petitioner Versus
1. The State of Jharkhand.
2. The Deputy Commissioner, East Singhbhum, Jamshedpur, District-East Singhbhum.
3. The Block Development Officer, East Singhbhum, P.O+P.S-Jamshedpur, District-East Singhbhum
4. The Circle Officer, East Singhbhum, Chhotagovindpur Jamshedpur, P.O.+P.S- Jamshedpur, District-East Singhbhum
5. The Secretary Nagar Vikash & Awash Ministry, Town Development and House Ministry, Project Bhawan, Ranchi
6. Managing Director, Jharkhand State Housing Board, Harmu Housing Colony, District-Ranchi
7. District Officer of East Singhbhum Jamshedpur for Jharkhand State Housing Board, P.O.+P.S.-Jamshedpur, District-East Singhbhum
8. Executive Engineer Jamshedpur Block/Zone, Jharkhand State Housing Board, Jamshedpur,District-East Singhbhum
9. Additional Engineer Jamshedpur Block/Zone, Jharkhand State Housing Board, Jamshedpur, P.O+ P.S.-Jamshedpur, District-East Singhbhum ..... Respondents .......
CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE APARESH KUMAR SINGH .......
For the Petitioner : None For the Respondent Nos. 1-3: Mr. Anshuman Kumar, A.C to A.A.G For the Respondent -JSHB : Mr. Dr. Ashok Kumar Singh, Advocate Ms. Amrita Kumari, Advocate .......
10/06.12.2019 None appears for the writ petitioner. It appears that on the last occasion also, when the matter was taken up, none had appeared on behalf of the writ petitioner.
Jharkhand State Housing Board has filed a counter affidavit and supplementary counter affidavit pursuant to earlier directions.
The writ petitioner has raised a grievance against the Housing Board by filing this writ petition in the nature of Public Interest Litigation that the Housing Board is trying to use the park/plantation area and playground which is available in front of Block No. 67/2,68/2 and 69/2 of Chhotagovindpur Housing Board Colony, Jamshedpur, Police Station Govindpur, Jamshedpur, District- East Singhbhum and as such a writ of mandamus is being sought refraining them to protect the said park/playground. Further prayer in the writ petition is for quashing the tender 2. Notice No. 01/2018-19 (Annexure-4) issued by the Additional Engineer, Jharkhand State Housing Board, Jamshedpur Block/Zone for demolition of park/plantation area and playground as stated above.
Vide order dated 25th January, 2019, Housing Board was directed to give a detailed Project Report of the entire area in respect of which the instant Public Interest Litigation has been filed. However, though a counter affidavit and supplementary counter affidavit has been filed by the Respondent-Housing Board after serving upon the petitioner, none appeared on behalf of the writ petitioner on 8th November, 2019 and again today when the matter is called out.
In the counter affidavit a layout plan has been appended as Annexure- B, which shows the alleged park/playground as claimed by the writ petitioner as vacant land, whereas the chunk of land has already been earmarked to be used as green or park. By filing supplementary counter affidavit, details of Jharkhand State Housing Board land at Chota Govindpur within Jamshedpur Division has been given which shows that land earmarked for park and open spaces is 10.97 acres out of balance 88.70 acres after deducting the land under encroachment and land utilized for construction of roads, whereas land earmarked for building construction is 51.50 acres.
It is contended that the vacant land which has been shown in Annexure-B and which is being claimed by the writ petitioner to be park/green area or playground has not been earmarked for that purpose, rather the same is for future development of the schemes of the Housing Board as park has already been there, which is shown in Annexure-B. To this counter affidavit, nothing has been filed on behalf of the writ petitioner challenging the statement made therein.
Accordingly, since the vacant land does not appear to be part of any park/green area or playground and since the writ petitioner also appears to have lost interest in the matter because none had appeared on the last occasion as well as today also when the matter is called out, this matter is consigned.
(Dr. Ravi Ranjan, C.J.) (Aparesh Kumar Singh, J.) jk/shamim