2025:JHHC:32323-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (PIL) No.4507 of 2025 ----- Court on its Own Motion -Versus- 1. State of Jharkhand through its Chief Secretary. 2. The Deputy Commissioner, Ranchi. 3. Ranchi Municipal Commissioner through Municipal Commissioner, Ranchi. 4. Principal Secretary, Urban Development & Housing Department, Government of Jharkhand. .......... Respondents. ----- CORAM : HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Respondents : Mr. Piyush Chitresh, Advocate ----- Order No.06 Date: 17.10.2025 1. This Court initiated suo moto proceeding after coming across a news item captioned as “15 फीट चौड़े नाले का अतिक्रमण, इसललए हर बाररश में डूबिा है अशोक विहार, घरो में घुसिा है गंदा पानी” which appeared in the Hindi daily newspaper “Dainik Bhaskar” dated 19th August, 2025. 2. Upon notice, the Ranchi Municipal Corporation (in short “RMC”) i.e., respondent no.3 initially filed its counter affidavit, wherein it was stated that it had constituted a team to conduct a detailed onsite inspection of the aforesaid drainage. Vide letter dated 25th August, 2025, the inspection report submitted by the said Committee dated 12th September, 2025 confirmed that the natural drain which is a demarcated survey drain with a maximum width of 20 feet had been severely encroached upon and the width of the drain had been illegally reduced to a mere 6 to 9 feet at various points. This encroachment has significantly restricted 2025:JHHC:32323-DB 2 the natural flow of water leading to the frequent water logging in the residential areas of the Ashok Vihar and Saket Vihar. 3. It was also pointed out that the RMC had identified the encroachers on the public land portions of the drain and in this regard, un-authorized construction cases are being registered under the provisions of the Jharkhand Municipal Act, 2011 and necessary notices are being prepared for issuance to the identified parties to provide them an opportunity to show cause and to remove the encroachment. 4. It was stated that during inspection a critical bottleneck in the drain’s flow caused by a humepipe drain constructed on the private land by few persons. Lastly, the report highlighted that this private land approximately 50 feet in length was essential for the construction of a larger, permanent drain to restore the natural water flow. 5. The RMC, thereafter, has filed the first supplementary counter affidavit which goes to indicate that on the basis of the site inspection report submitted by the team of officials and engineers of the RMC, notices were issued to the 26 persons, who have allegedly encroached upon the drain and out of them 3 persons have submitted the so-called sanctioned building plan. As regards, remaining 23 persons named in the site inspection report, they have been issued notice under the relevant provisions of the Jharkhand Municipal Act. 2025:JHHC:32323-DB 3 6. Now that the RMC is seized of the matter, we are of the considered view that the instant petition has achieved its purpose and is, accordingly, closed. 7. However, it is made clear that the respondent-RMC shall ensure that the proceedings as initiated by them are carried to logical end as expeditiously as possible and in any event by 31st December, 2025. (Tarlok Singh Chauhan, C.J.) (Rajesh Shankar, J.) 17th October, 2025 Sanjay/Rohit