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High Court of Jharkhand · body

2026 DAILYLAW 12469 (JHR)

MASTAR AKASH v. THE STATE OF JHARKHAND

WPC/2473/2026 · 2026-05-07

Rajesh Shankar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:13771-DB -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (PIL) No. 2473 of 2026 Mastar Akash, aged about 35 years years, S/o Late Kamlakar Kumar, Resident of H. No.-D.T. 81, Sharma Road, Dhurwa, P.O. & P.S. Dhurwa, District- Ranchi, Jharkhand. … … … Petitioner Versus 1. The State of Jharkhand 2. The Principal Secretary, Department of Urban Development & Housing, 3rd Floor, FFP Building, P.O. & P.S.- Dhurwa, District- Ranchi, Jharkhand, Govt. of Jharkhand, Ranchi. 3. The Principal Secretary, Department of Drinking Water and Sanitation, Government of Jharkhand, Officiating at Nepal House, P.O. & P.S. Doranda, Ranchi, Jharkhand-834002. 4. The Municipal Commissioner, Ranchi Municipal Corporation, Kutchery Road, Deputy Para, Ahirtoli, P.O.-GPO, P.S.- Kotwali, District- Ranchi, Jharkhand 834001. … … … Respondents --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR --------- For the Petitioner: In person For the State: Mr. Piyush Chitresh, A.C. to A.G. For the RMC: Dr. (Mrs.) Vandana Singh, Advocate Ms. Neha Pandey, Advocate --------- 03/Dated: 07.05.2026 1. Heard Master Akash, petitioner in person, and Mr Piyush Chitresh, learned A.C. to A.G. for the State. 2. The petitioner, in public interest, has instituted this petition to direct the respondents to renovate and construct the road from WTP Hatia Culvert to the General Store at Sharma Road, Dhurwa, Ranchi, which is presently in an extremely dilapidated state and poses a danger to commuters. 3. Along with the petition, the petitioner has annexed photographs showing only vestiges of the road amid ruins and potholes. The petitioner has also enclosed complaints from the residents made to the authorities, requesting them, from time to time, to take immediate measures for the renovation and maintenance of the road in question. 2026:JHHC:13771-DB -2- 4. Master Akash has pointed out that, due to the road’s non-repair and failure to maintain it, which stretches for only about 2.5 km or thereabouts, residents of the locality are being deprived of reasonable access. He pointed out that the access involves several hazards and would endanger the safety of users, including students, elderly citizens, and other commuters. He pointed out that there is no appropriate lighting along this road, and this is causing severe prejudice to the residents of the locality. 5. Mr Anand Kumar Singh, the Executive Engineer of the Drinking Water and Sanitation Division, Hatia Project, has filed a counter-affidavit in this matter. Paragraphs 5 to 8 of this counter affidavit are transcribed below for the convenience of reference: - “5. That the matter relating to renovation and construction of bituminous road from WTP Hatiya Culvert to General Store at Sharma Road, Dhurwa, Ranchi was duly examined and processed by the concerned departmental authorities at different administrative levels. 6. That after technical examination of the condition of the road in question, the Executive Engineer, Drinking Water and Sanitation Division, Hatiya Project, Ranchi vide Letter No. 399 dated 29.04.2026 addressed to the Engineer in Chief Department of Drinking Water and Sanitation, Jharkhand, Ranchi has submitted a proposal seeking administrative approval as well as allocation/sanction of fund for execution of the work namely: "Renovation and construction of Bitumen road from WTP Hatiya Culvert to General Store of Sharma Road, Dhurwa under Section (WTP Section), Dhurwa under D.W. & S. Division, Hatiya Project, Ranchi." 7. That it is further submitted that upon technical scrutiny of estimate by the competent authority, the aforesaid work has been accorded technical sanction for an amount of Rs.66,15,059/- (Rupees Sixty Six Lakhs Fifteen Thousand Fifty Nine only), and accordingly the Executive Engineer has requested the competent authority for grant of necessary administrative approval and allocation of the aforesaid amount for execution of the work in question. 2026:JHHC:13771-DB -3- 8. That it is further stated that immediately upon approval and sanction/allocation of the aforesaid fund by the competent authority, the matter shall be forwarded to the concerned executing department/authority for initiation of the tender process in accordance with the prescribed procedure and applicable governmental norms, so that the renovation and construction work may be undertaken expeditiously.” 6. From the paragraphs of the affidavit, it appears that the authorities have taken cognisance of the state of this road and now propose to renovate and construct a bituminous road from the WTP Hatia Culvert to General Store of Sharma Road, Dhurwa under Section (WTP Section), Dhurwa under D.W. & S. Division, Hatia Project, Ranchi. Along with the counter affidavit, a technical sanction for the renovation and construction at a cost of Rs. 66,15,059/- is also placed on record. 7. The counter-affidavit and the documents on record indicate that the technical sanction has now been sent to the Engineer-in-Chief for administrative approval. Given the condition of the road and the hazards it poses to residents of the locality, we expect the Engineer-in-Chief to grant administrative approval and allot the necessary funds as expeditiously as possible, and in any case within one month of today. 8. Mr Piyush Chitresh, learned A.C. to A.G. on instructions, states that once the administrative approval is accorded and the funds are made available, the process of inviting tenders, commencing and completing the work would be undertaken within a period of six months. We accept this statement made to the Court. 9. Once it is accepted that the road in question needs urgent repairs, reconstruction and maintenance, there should not be any unreasonable delay in undertaking such works. This is especially the case when several people from the locality, including students and senior citizens, rely on 2026:JHHC:13771-DB -4- such a road as their means of access. Road conditions can pose serious hazards to users' lives, and therefore, it is necessary to take immediate or at least expedited steps to repair, reconstruct, and renovate such a road. 10. We are satisfied that the authorities have taken cognisance of the matter and have already secured technical sanction for the renovation and construction of the road, proposing to spend Rs. 66,15,059/-. However, we are concerned about the pace of file movement and the bureaucratic procedures. Any delay is bound to aggravate the prejudice that the residents of the locality are already facing. 11. According to us, this entire renovation and road construction process should be completed within a maximum of seven months from today, and we direct accordingly. Therefore, by issuing these directions and by accepting the statements made on behalf of the respondents, we dispose of this petition. 12. Though we are disposing of this petition, we direct that the Executive Engineer file a compliance report along with photographs, etc., in this Court by 4th January 2027, after giving a copy of the same to the petitioner in person. 13. This petition is disposed of. Pending Interlocutory Applications, if any, do not survive and are disposed of. Place the matter on 7th January 2027, to consider the compliance report. (M.S. Sonak, C.J.) (Rajesh Shankar, J.) May 07, 2026 N.A.F.R. APK/VK Uploaded on 11.05.2026