The applicability of the Jharkhand Municipal Act, 2011 in the District of Ranchi and the allowance for existing laws relating to State Municipalities to operate for a specified period.

ORDER :

1. The present writ petitions were initially filed for setting aside the notices as contained in letter nos. 1369 (iii) and 1369 (ii) both dated 25.10.2021 (Annexure-1 to the respective writ petitions) issued by the Assistant Municipal Commissioner, Ranchi Municipal Corporation (RMC), Ranchi (the respondent no. 7) calling upon the concerned persons to submit the required documents relating to their respective land appertaining to Mouza-Bara Ghaghra, Thana No. 221, Khata No. 328, plot nos. 57 and 58 before the said authority with further prayer to issue direction upon the concerned respondents to stop collection of holding tax/municipal tax and any other taxes imposed by the respondent-RMC, Ranchi from village Bara Ghaghra, Ranchi. The petitioners also prayed for declaration that village Bara Ghaghra cannot be said to be urban area or municipal area as the same is situated in the scheduled area of Ranchi district as well as for directing the concerned respondents to repay the holding tax/municipal tax and other taxes collected from the villagers of Bara Ghaghra.

2. During pendency of the present writ petitions, a public notice as contained in letter no. 1585 dated 23.12.2021 was issued by the Deputy Municipal Commissioner, RMC, Ranchi whereby three persons namely Birsa Oraon, Sushma Ekka (mother of the petitioner of W.P. (C) No. 4907 of 2021) and Suresh Tirkey-petitioner of W.P. (C) No. 4953 of 2021 were directed to remove the alleged encroachment from the land in question by vacating the same within 72 hours failing which, the said encroachment was to be removed forcibly and the expenses incurred on the same was to be be realised from them as the said land were given on lease by the respondent-RMC for the purpose of construction of Apollo hospital. The petitioners also challenged the said general notice and prayed for staying the operation of the same. This Court, vide order dated 26.12.2021, stayed the operation of the notice as contained in letter no. 1585 dated 23.12.2021.

3. The claim of the petitioner of W.P. (C) No. 4907 of 2021 is that the land appertaining to Khata No. 73, plot No. 148, Khewat No. 1, Pargana-Khukhra of Mouza-Bara Ghaghra No. 221, Thana-Ranchi measuring an area of 0.73 acre was recorded in cadastral survey record of rights in the name of Budhuwa Oraon who was the ancestor of the petitioner. The petitioner being successor of the recorded tenant has been enjoying khas possession of the said land and has been residing in the house constructed over the same. The respondent no. 7 issued impugned notice as contained in letter no. 1369 (iii) dated 25.10.2021 in the name of Sabhal Oraon (ancestor of the petitioner-Sonu Pascal Ekka) directing him to submit the required documents relating to his land before the said authority and pursuant thereto, the petitioner submitted representation dated 29.10.2021 claiming that the respondent-RMC has no legal existence in Ranchi since 01.06.1993 in view of Article 243-ZC of Part-IX-A of the Constitution of India as Ranchi District has been declared Scheduled Area and therefore as per Article 244(1), the provisions of the Fifth Schedule to the Constitution of India will apply to the administration and control of the said area.

4. The claim of the petitioner of W.P. (C) No. 4953 of 2021 is that the land appertaining to Khata No. 39, plot No. 151, Khewat No. 1, Pargana-Khukhra of Mouza-Bara Ghaghra No. 221, Thana-Ranchi measuring an area of 76 decimals was recorded in the cadastral survey record of rights in the name of Barka Tutang Oraon (ancestor of the petitioner-Suresh Tirkey) and he remained in khas possession of the same. After his death, the successors of the recorded tenant including the petitioners have enjoyed the said land and are residing in the house situated over the same. The respondent no. 7 issued the impugned notice as contained in letter no. 1369(ii) dated 25.10.2021 in the name of deceased father of the petitioner namely Kanhu Tirkey. In pursuance of th