Jharkhand High Court Directs Deputy Commissioner, Ranchi to Expedite Decision in Sonadubbi River Encroachment Appeal
Court on its Own Motion v. State of Jharkhand & Ors.
W.P. (PIL) No. 5787 of 2025
Issue
Whether the Deputy Commissioner, Ranchi should be directed to expeditiously decide the pending encroachment appeal concerning alleged illegal construction over the Sonadubbi River, and whether continued delay would affect environmental and public interest concerns raised in the PIL.
Rule
Encroachment proceedings relating to government land, especially land classified as river/Gair Mazaruwa Malik, must be dealt with strictly in accordance with law.Appellate authorities (Deputy Commissioner) are required to decide appeals within a reasonable time, particularly where:
Public land is involved, and Environmental degradation is alleged.In Public Interest Litigation, the High Court can issue directions to statutory authorities to ensure timely discharge of their legal duties.
Application
The Court took suo motu cognizance of alleged encroachment over the Sonadubbi River by M/s Monnet Coal Washeries.As per the affidavit of Respondent No. 2:About 1800 feet of the river portion falling under Mouza Vishrampur, Khata No. 41, Plot No. 19 (6.34 acres) was found encroached.
The land was classified as Gair Mazaruwa Malik, with the nature of land being river.The company had constructed 12 pillars over the river.
The Circle Officer, Khalari, had passed an order dated 12.07.2023 directing removal of encroachment in Encroachment Case No. 01/2022–23.However, the said order was challenged by Respondent No. 5, and the Deputy Commissioner, Ranchi stayed the encroachment removal order vide order dated 29.09.2023 in Encroachment Appeal Case No. 40R15/23–24.
The appeal remained pending, leading to continued occupation of river land.The Court found that since the appeal was already pending, the appropriate course was not to decide the merits itself but to ensure timely adjudication by the competent authority.Additionally, the Ministry of Environment, Forest and Climate Change (MoEF&CC), newly added as Respondent No. 6, had not filed its response, necessitating further proceedings.
Conclusion / Holding
The High Court directed the Deputy Commissioner, Ranchi to decide Encroachment Appeal Case No. 40R15/23–24 expeditiously, on or before 31 March 2026, strictly in accordance with law.The Court also directed the newly added Respondent No. 6 (MoEF&CC) to file its response before the next date of hearing.The matter was listed for further hearing on 17 April 2026.
The Court refrained from expressing any opinion on merits, emphasizing procedural fairness and timely adjudication in matters involving public land and environmental concerns.
