Jharkhand High Court
Jyot vs The State Of Jharkhand & Ors on 14 August, 2025
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(PIL) No.231 of 2025
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Jyot, Sarkhej-Gandhinagar Highway, Ahmedabad through its Trustee Lalit Narshi Dharamshi.
.......... Petitioner.
-Versus-
The State of Jharkhand & Ors. .......... Respondents.
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CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Indrajit Sinha, Advocate [Through V.C.] Mrs. Khushboo Kataruka, Advocate For the State : Mr. Piyush Chitresh, AC to AG For the Intervenor(s): Mr. Alok Anand, Advocate Mr. Rajesh Kumar, Advocate
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Order No.07 Date: 14.08.2025
1. Mr. Alok Anand, Advocate representing the Marang Buru Foundation, whose application (I.A. No.1820 of 2025) was dismissed on 2nd May, 2025 by this Court, submits that he has filed an SLP against the said order.
2. This statement is taken on record.
3. This Court vide order dated 2nd May, 2025 passed the following directions :
"52) For the aforesaid reasons we direct:
(i). the respondents to take all measures necessary to enforce the 2019 Notification and the 2023 Office Memorandum and ensure strict compliance with the same;
(ii) the Secretary, District Legal Services Authority, Giridih is directed to visit the Parasnath Hill after issuing notice to the petitioner and to the respondents for purpose of (i) ascertaining whether schools/anganwadis exist on the Parasnath Hill and whether any mining activities are being conducted on it;
(ii) how many structures have been erected on the Parasnath Hill and -20 of what is their nature (commercial or residential; and Government /Private);and
(iii) whether such structures have been lawfully erected after grant of appropriate construction permission.
The respondents must submit records to the Secretary, District Legal Services Authority, Giridih in this regard to enable the said official to verify the same; 1
(iv) the Superintendent of Police, Giridih shall increase the number of Home guards on the Parasnath Hill to ensure effective implementation of the 2019 Notification and the 2023 Office Memorandum;"
4. Admittedly, Marang Buru Foundation has not assailed either the Notification of 2019 nor the Office Memorandum of 2023 and this Court for the time being is concerned with the implementation of said notification and office memorandum as well as other directions that have been passed.
5. The Secretary, District Legal Services Authority, Giridih has filed compliance report, the summary whereof is as under:
"In summary it is pertinent to reply point wise- I. total seven(7) schools and three(3) anganwadis are existing on the Parasnath Hill/village at different hamlet. II. during entire visit I saw some lands were levelling for cultivation but there is no sign of mining activities are being conducted on Parasnath Hill/village. III. total 585 structures have been erected on the Parasnath Hill and their nature mentioned in table-
Number of structures Nature of structures 190 hut (constructed by Commercial and private wood and plastic)/temporary 336 houses Residential and private 3 C.R.P.F. camp and 1 Residential and police camp Government.
7 schools and 3 Government anganwadis 35 shrines/tonks Religious 5 temples Religious 5 Dharmasala Residential and private IV. The respondents have submitted only Register-II, khatiyan of Parasnath Hill/village and other revenue record of Parasnath Hill/village including other villages. These documents shows only the right, title, interest of villagers who are living in Parasnath Hill/village at different hamlets. But respondents have not submitted any record/documents regarding grant of appropriate construction permission for the aforesaid structures. Thus, I am unable to verify that such structures have been lawfully erected after grant of appropriate construction permission or not."
6. Let a copy of the report of the Secretary, DLSA, Giridih be supplied to the respective parties on making application to this Court.
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7. As regards the respondent-State and the Superintendent of Police, Giridih are concerned, no affidavits on their behalf have been filed in compliance to the direction nos.(i) and (iv) respectively given in the order dated 2nd May, 2025.
8. Let needful be done within three weeks.
9. List on 16th September, 2025.
(Tarlok Singh Chauhan, C.J.) (Rajesh Shankar, J.) Sanjay/Rohit 3