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2026 DAILYLAW 5746 (JHR)

JHARKHAND VISTHAPAN SANGHARSH MORCHA TRUST THROUGH ITS SETTLOR-CUM-DIRECTOR RAGHUNANDAN MAHTO v. THE UNION OF INDIA THROUGH THE UNION SECRETARY, DEPARTMENT OF LAND RESOURCES

WPC/2555/2025 · 2026-04-08

Rajesh Shankar

Transfer Petitionbody2026

Judgment text

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2026:JHHC:9965-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(PIL) No. 2555 of 2025 Jharkhand Visthapan Sangharsh Morcha Trust, having its registered office at Adarsh Chowk, Sinduari, PO-Chepa Kalan, PS-Barkagaon, District-Hazaribagh, through its Settlor-cum-Director Raghunandan Mahto ... ... Petitioner Versus 1. The Union of India, through the Union Secretary, Department of Land Resources, Ministry of Rural Development, Government of India, New Delhi 2. The National Thermal Power Corporation Limited (NTPC), through Chairman-cum-Chief Managing Director, NTPC Bhawan, Scope Complex, Industrial Area, Lodhi Road, New Delhi 3. The Chairman-cum-Chief Managing Director (CMD), National Thermal Power Corporation Limited, NTPC Bhawan, Scope Complex, Industrial Area, Lodhi Road, New Delhi 4. The Chief General Manager (CGM), Pakri Barwadih Coal Mining Project, NTPC Limited, Site Office at Sikri, PO & PS-Barkagaon, District-Hazaribagh 5. The Chief General Manager (CGM), Keredari Coal Mining Project, NTPC Limited, Site Office at Sikri, PO & PS-Barkagaon, District- Hazaribagh 6. The Additional General Manager (AGM), Keredari Coal Mining Project, NTPC Limited, Site Office at Sikri, PO & PS-Barkagaon, District-Hazaribagh 7. The State of Jharkhand 8. The Chief Secretary, Government of Jharkhand, Project Building, Dhurwa, Ranchi 9. The Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Project Building, Dhurwa, Ranchi 10. The Secretary, Department of Revenue, Registration and Land Reforms, Government of Jharkhand, Project Building, Dhurwa, Ranchi 11. The Divisional Commissioner-cum-Rehabilitation & Resettlement Commissioner, North Chhotanagpur Division, Hazaribagh 12. The Deputy Commissioner, Hazaribagh 13. The Additional Collector-cum-Administrator Rehabilitation & Resettlement, Hazaribagh 14. The Circle Officer, Keredari, District-Hazaribagh ... … Respondents ----- CORAM: HON’BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Abhishek Krishna Gupta, Advocate Mr. Rahul Kumar Mishra, Advocate For the Respondent-UoI(NTPC) : Mr. Prashant Pallav, ASGI Mr. Bajrang Kumar, AC to ASGI For the Respondent-State : Mr. Piyush Chitresh, AC to AG 2026:JHHC:9965-DB 2 ----- Order No. 06 Dated: 08.04.2026 1. Heard learned counsel for the parties. 2. This petition instituted in purported public interest seeks the following reliefs: (a) In order to maintain the “status of local residents” in the State of Jharkhand for the displaced persons/families due to land acquisition exercise a sub-para be inserted in para-2 in the Resolution No. 3198 dated 18.04.2016 issued by the Respondent No. 9 (which deals with the definition and identity of the local residents of Jharkhand) to the effect “A person who resides within the geographical limits of the State of Jharkhand, And whose name or the name of his ancestors is registered in the last survey but has been displaced due to land acquisition in any project then he and his descendants would be considered as local residents of Jharkhand”; (b) For issuing direction that Rehabilitation and Re- settlement Certificate issued under Rule-28(6) of the “Jharkhand Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2015” be issued as per the prescribed procedure in the said Rules; (c) To issue direction so as to bring about Necessary Amendments in the Rehabilitation and Re- settlement Certificate issued under Rule-28(6) in terms of Rule-41 of “Jharkhand Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2015”; (d) By changing the pre-determined and currently applicable cut-off date 17/05/2016 for rehabilitation and re-settlement benefits given to 2026:JHHC:9965-DB 3 the displaced persons in the form of a separate family, the Respondent should be instructed to set the cut-off date as the date of displacement; (e) To issue direction for factoring in Re-settlement Certificate issued under Rule-28(6) in the caste certificate issuing process as prescribed in Memo No. 1754 dated 25/02/2019 issued under the Signature of Addl. Chief Secretary, Government of Jharkhand? and (f) To issue direction that “Separate Form” be issued for the displaced people in the process relating to issuance of Caste Certificate in the light of Memo No. 1754 dated 25/02/2019 issued under the signature of Addl. Chief Secretary, Government of Jharkhand. 3. Upon considering the nature of reliefs and the general pleadings in this petition, we are afraid, that even if we assume that this petition has been filed with best of the intentions, it will not be within our province to deal with or grant the reliefs that have now been prayed for. The main relief, is for a direction to amend the Resolution No. 3198 dated 18.04.2016 issued by the 9th respondent in the context of the definition and identity of the local residents of Jharkhand. These are matters of policy, if not quasi-legislative policies. It is not for the courts to ordinarily interfere in such matters. 4. Besides, we note that this is not a petition to challenge the constitutional validity of any legislative provisions or any executive instrument/policy. The prayer is that we issue directions for amendment of a definition which, according to the petitioner, would be in public interest. We are afraid, we cannot 2026:JHHC:9965-DB 4 indulge in this kind of exercise. Therefore, leaving it open to the petitioner to explore other avenues that may be available, we dispose of this petition mainly on the ground that the issues raised do not fall within the province of the judiciary manageable standards. 5. This petition is disposed of without any order for costs. 6. I.A. No. 14732 of 2025 does not survive and is disposed of. (M. S. Sonak, C.J.) (Rajesh Shankar, J.) April 08, 2026 Manish/Ritesh Uploaded on 09.04.2026