Jharkhand High Court stays JNAC order on illegal constructions in Jamshedpur, sets deadline

Mail News Service

Ranchi, Nov 29: The Jharkhand High Court has stayed the demolition of illegal constructions in the Jamshedpur Notified Area Committee (JNAC) region following a Public Interest Litigation (PIL) filed by petitioner Rakesh Jha. The court emphasized the inclusion of affected parties in the case and warned that the PIL would be dismissed if this step is not completed by December 6, 2024.

A division bench comprising Chief Justice Rao and Justice Deepak Roshan directed the petitioner to make all 1,800 or more buildings with alleged deviations a party in the case. The court noted that it is essential for all concerned builders and property owners to present their defenses before any action is taken. The petitioner’s lawyer argued that the scale of irregularities made it challenging to include each building, but the court insisted on their inclusion to ensure fairness.

During the hearing, JNAC Special Officer Krishna Kumar explained the steps taken by JNAC, including issuing notices, providing adequate time for compliance, and vacating basements designated for parking. Kumar stated that buildings with significant deviations were demolished in accordance with High Court orders. However, the petitioner’s lawyer countered that no substantial demolition had occurred, urging the court to hold JNAC accountable.

The High Court clarified that all illegal constructions identified in the PIL must be included as respondents. Both JNAC and the concerned builders are required to submit affidavits detailing their defenses against the allegations. Separate hearings will be conducted for each illegal structure.

Meanwhile, HDFC Bank’s lawyer sought a stay on any demolition activities, arguing that no action had been initiated yet. The petitioner’s lawyer opposed this request, asserting that such an order would be ineffective given JNAC’s inaction so far.

The next hearing is scheduled for December 6, 2024, with advocates Akhilesh Srivastava and M.I. Hasan representing the petitioner.