IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(PIL) No. 6818 of 2025 Bineet Tiwari ….. Petitioner Versus The State of Jharkhand & Others ….. Respondents -----

CORAM HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR -----

For the Petitioner: Mr. Afaque Rashidi, Advocate [through online mode]

For the State: Mr. Piyush Chitresh, A.C. to A.G.

Res. Nos. 3 & 4: Mr. Akshay Kumar, Advocate -----

02/05.12.2025

1. The instant public interest litigation has been filed for grant of following reliefs:

“1. That this writ petition is filed in the public interest to address substantial harm caused to the general public due to the unauthorized blocking of a pond and its embankment at Plot No. 389, Ward No. 17, Village-Redma, near Sandabandh, under the territorial jurisdiction of Medininagar Municipal Corporation, Daltonganj, Palamu. The petitioner seeks the issuance of writ(s), order(s), or direction(s) to: (a) Immediately stop the unauthorized blocking of the pond and its embankment, which obstructs the only public pathway used by residents, thereby restoring access for approximately 60 affected families;

(b) Halt the ongoing renovation of the pond (Ahar) until proper arrangements are made for the drainage of rainwater from the settlement to prevent waterlogging and the formation of an artificial pond (Ahar), safeguarding residents' health and mobility;

(c) Conduct a comprehensive survey of the entire pond (Ahar) land, clear all encroachments, and thereafter carry out renovation work on the entire pond (Ahar), rather than limiting it to vacant portions, to ensure compliance with municipal laws and the public trust doctrine;

(d) Issue any other appropriate writ, order, or direction as this Hon'ble Court may deem fit to ensure transparency in the implementation of public infrastructure projects and accountability for addressing public grievances, thereby protecting the larger public interest.”

2. Respondent no. 3-Commissioner, Medininagar Municipal Corporation, Daltonganj, Palamau has filed counter affidavit wherein not only the allegations as levelled in this writ petition have been emphatically denied, but it has also been specifically stated that there is no blockage of the pond in plot no. 389 nor there is any obstruction to the public pathway. Not a single family is required to abandon the residence in ward no. 17. The ‘Gairmazarua Aam’ land belongs to the government and it is quite safe for public use. The safety of the pond for increasing the facilities of the general public cannot be described as encroaching or blocking the pond. As a matter of fact, the renovation of the pond (Ahar) is meant to make the area more healthy and rich. In fact, the respondents have levelled allegations against the petitioner and his followers that they want to encroach some of the land near the pond and that is why, the petitioner is baselessly blaming the respondents.

3. Taking into consideration the respective stands of the parties, we deem it appropriate to direct the Secretary, District Legal Services Authority, Palamau at Daltonganj to visit the place where the pond in question is located and submit his report on the following points:

(i) Whether there is any unauthorised blocking of the pond or/and its embankment at plot no. 389, ward no. 17, Village-Redma, near Sandabandh, under the territorial jurisdiction of Medininagar Municipal Corporation, Daltonganj, Palamau ?

(ii) In case such unauthorised blocking is found, whether that restricts the access of 60 affected families as alleged in the writ petition ?

(iii) Whether adequate provisions have been made for drainage of the rain water from the settlement to prevent waterlogging and formation of an artificial pond (Ahar) for safeguarding residents’

health and mobility ?

(iv) Whether there is any encroachment in and around the pond ?

(v) Whether the petitioner has himself carried out encroachment in and around the concerned area ?

4. Such report be furnished within four weeks.

5. List this case on 16.01.2026.

(TA