Mail News Service
Jamshedpur, Nov 19: The Jharkhand High Court on Wednesday sharply rebuked the Jamshedpur Notified Area Committee (JNAC) for repeatedly failing to disclose crucial information sought in a long-pending matter related to illegal constructions, misuse of parking spaces, and irregular issuance of completion certificates across Jamshedpur.
The case — Writ Petition No. 2078/2018 (Rakesh Jha vs State of Jharkhand) — came up for hearing before the Bench of the Chief Justice and Justice Rajesh Shankar.
During an earlier hearing on September 17, the court had directed JNAC to file a fresh affidavit detailing the action taken against illegal occupiers of parking spaces and builders involved in unauthorized constructions, and to provide a tabular list of all buildings granted or denied completion certificates.
The court had also specifically sought names of buildings that received electricity and water connections despite not having completion certificates, along with clarification on whether such connections were charged at commercial or domestic rates.
However, the affidavit submitted by JNAC on November 10 failed to provide any of the required disclosures.
Irked by the omission, the bench had warned of contempt proceedings, observing that JNAC appeared to be in “open defiance” of court orders.
The court had also directed the JNAC Deputy Municipal Commissioner ( DMC) Krishna Kumar to remain present and explain why contempt action should not be initiated.
In today’s hearing, the situation remained unchanged. JNAC once again submitted an affidavit devoid of the mandated information.
Angered, the court initially indicated it may proceed with punitive action against the special officer present in court.
The officer, however, informed the vench that he was newly posted and that the primary charge lay with Deputy Municipal Commissioner Krishna Kumar.
The court expressed astonishment, recalling earlier instances where the Deputy Municipal Commissioner had allegedly attempted to mislead the bench.
Citing this revelation that the Deputy Municipal Commissioner was the “principal authority” behind JNAC’s decisions, the court directed both JNAC’s counsel and the special officer to ensure that Deputy Municipal Commissioner Krishna Kumar appears in person on November 20.
Advocate Akhilesh Srivastava, representing the petitioner, told the court that JNAC had been “defrauding the High Court since 2011,” repeatedly filing identical affidavits claiming that 46 buildings had been sealed — even though the seals were removed long ago and further illegal constructions were allowed.
He pointed out that out of nearly 1,900 buildings, only 24 have been issued valid completion certificates, despite widespread unauthorized construction allegedly facilitated under successive administrations.
He further submitted that DMC Krishna Kumar had, over the past six years, approved nearly 650 building plans, all allegedly illegal, enabling builders to undertake further unauthorized expansions.
Most such buildings, he argued, were provided electricity and water connections despite lacking mandatory completion certificates.
The Chief Justice questioned JNAC’s counsel on why only 54 completion certificates had been issued if there were no illegal constructions.
Instead of responding directly, the counsel began arguing that Jamshedpur would soon be declared an “industrial town” by the Supreme Court.
The bench, visibly displeased at repeated digressions, cautioned the counsel against misleading the court, remarking that such conduct could compel the court to direct him to leave the courtroom.
Advocate Srivastava clarified that JNAC’s jurisdiction was only 49 sq km, while Jamshedpur spans nearly 200 sq km, and that the “industrial town” claim had no bearing on the current case.
He insisted that whether JNAC is a legal or questionable administrative entity, it was responsible for allowing rampant illegal construction and for enabling electricity and water connections without completion certificates — and therefore must be answerable.
Advocates Akhilesh Srivastava and Neha Agrawal appeared for the petitioner.
The matter will now resume tomorrow, November 20 , with the court expecting the Deputy Municipal Commissioner’s personal explanation regarding the alleged contempt and persistent non-compliance by JNAC.
