Authority: High Court of Jharkhand at Ranchi
Order Date: 09 July 2026
Case Overview
- Petition: Public Interest Litigation (PIL) No. 5065 of 2025 filed suo motu by the Court after receiving a letter dated 04 September 2025 from Dr. Devendra Mahato highlighting the miserable condition of the connecting road from Jonha Water Fall to Jonha Fall Road, affecting over 15 villages and approximately 20,000 residents.
- Parties: State of Jharkhand (through Chief Secretary and Principal Secretary, Department of Road Construction), Union of India (represented by Assistant Solicitor General Prashant Pallav), and South Eastern Railway (represented by Divisional Railway Manager, Engineering, Ranchi Division).
- Background: The road, a 5‑meter wide kutcha stretch, runs for about 1 km on railway land and is the sole access route to Jonha Bazaar, school, hospital and the town of Ranchi. Villagers had approached MPs/MLAs and various departments for more than 15 years without action, leading to a boycott of the last parliamentary election.
- State’s Position: Willing to widen the road from 5 meters to 8 meters and convert it into a metal‑paved road, asserting that no Railway No‑Objection Certificate (NOC) was required.
- Railway’s Position: Agreed to consider issuing an NOC for the strengthening works from Masrijara to Heslabeda.
- Procedural History: Multiple orders for joint inspection, layout preparation, and surveys were issued. The Railway’s approval was reported as being at an advanced stage.
- Communication Received: On 01 July 2026, the Divisional Railway Manager (Engineering) / RNC issued a letter (No.L/12/Court case/2026) confirming approval of the NOC for 1.887 km of Railway land, in compliance with the Court’s directions dated 26 February 2026 and 09 April 2026.
- Conditions of NOC (as per Railway Board policy No. 2012/LM(PA)/03/08 dated 21 Oct 2015 and other guidelines):
1. Road to be as close as possible to Railway land boundary.
2. State must provide an additional 3.0 meters of land to achieve the minimum 8.0‑meter width.
3. Work to be executed at State’s cost with no financial liability to Railways.
4. NOC does not confer any right, title, easement or permanent claim over Railway land.
5. All statutory clearances and safeguards must be obtained before commencement.
6. Work must not affect Railway assets, drainage, signaling, telecommunication, or train safety.
- Approval Notes: Principal Financial Advisor (Note #79) and Principal Chief Engineer (Note #80) approved the proposal on 24 June 2026, stating “Approved in the light of Hon'ble High Court RNC directions. Please take necessary action protecting all rights of Railways.”
Final Outcome
- The Court declares that the communication dated 01 July 2026 constitutes the required NOC from South Eastern Railway, authorising the State Government to proceed with road strengthening, widening, and metal paving.
- The State of Jharkhand is directed to commence the works immediately and complete them within six months from the date of this order (i.e., by 09 January 2027), without seeking extensions.
- The Secretary, Rural Works Department, Government of Jharkhand is personally responsible for ensuring timely execution and may delegate to the Executive Engineer or any competent officer.
- The State must provide the additional 3.0 meters of land required for the 8‑meter width.
- No party disputed the necessity of the works; the Court notes the road serves ~15 villages and ~20,000 people and is vital for tourism to Jonha Waterfall.
- The petition is disposed of without any order for costs; any pending interim applications are also dismissed.
- Compliance Reporting: The Secretary, Rural Works Department, must file a compliance report in this Court, with an advance copy to Ms. Niki Sinha (learned CGC), by 18 January 2027.
- The matter is listed for a compliance hearing on 21 January 2027.
Topics: Road Infrastructure, Public Interest Litigation