SUMAN K SHRIVASTAVA
Ranchi, Dec. 19: The Jharkhand High Court has restrained two Engineers (Sanjiv Kumar and Ram Badan Singh) deputed from other State departments from discharging duties as Town Planners in the Ranchi Municipal Corporation (RMC), holding that they lack the statutory eligibility and experience required under the recruitment rules and the Jharkhand Municipal Act, 2011.
A Division Bench comprising Justice Sujit Narayan Prasad and Justice Arun Kumar Rai, while exercising jurisdiction under Article 226 of the Constitution, directed that only regularly appointed Assistant Town Planners (ATPs) be permitted to perform town-planning functions, including participation in the building plan and map-sanctioning process.
Statutory Scheme Cannot Be Supplanted by Executive Practice
The Court, hearing two LPAs filed by Dhananjay P. Raipat and Gourav Kumar Besra separately, held that powers relating to the sanction of building plans flow from Sections 427 and 429 of the Jharkhand Municipal Act, 2011, which vest such authority in the Municipal Commissioner or the competent statutory authority. The Bench found no provision in the Act authorising deputed Engineers, who do not possess the prescribed qualifications, to sanction maps even up to two storeys. The 74-page order was issued on December 12.
Rejecting reliance on a departmental “flow chart” and executive resolutions, the Court reiterated that executive instructions cannot override or supplant statutory provisions, relying on Supreme Court precedents including K. Kuppusamy v. State of Tamil Nadu, P. Sadagopan v. FCI, and Babu Verghese v. Bar Council of Kerala.
The Bench observed that participation of ineligible officers in the decision-making process would render sanctioned building plans legally suspect and potentially a nullity, thereby affecting citizens who act on such approvals.
State Interference Violates Municipal Autonomy under 74th Amendment
The judgment contains strong observations on State interference in the affairs of urban local bodies, holding that such interference violates the constitutional scheme introduced by the 74th Constitutional Amendment (Part IX-A, Articles 243P–243ZG).
The Court took note of affidavits and submissions indicating that the continued functioning of deputed Engineers was subject to the approval or opinion of the concerned Minister. Criticising this position, the Bench held that once a statute is enacted by the Legislature and assented to by the Governor, neither a Minister nor the executive can obstruct or delay its implementation.
The Court concluded that the Principal Secretary, Urban Development and Housing Department, had come in the way of implementing the undertaking given by the Administrator of RMC, thereby encroaching upon the autonomy of the municipal body.
Assistant Town Planners Cannot Be Sidelined
The Bench questioned why duly appointed Assistant Town Planners were being denied town-planning work in RMC on the grounds of lack of experience. In contrast, similarly appointed officers were allowed to function as Town Planning Officers in other urban local bodies across Jharkhand.
It further noted that continued deputation of Engineers not only undermined statutory recruitment rules but also imposed an unnecessary financial burden on the State exchequer, while depriving parent departments of their services.
Judicial Duty to Prevent Perpetuation of Illegality
While declining to initiate contempt proceedings at this stage, the Court held that allowing ineligible officers to continue in the map-sanctioning mechanism would amount to judicial abdication. Emphasising the constitutional role of courts, the Bench observed that judicial restraint cannot extend to permitting continued illegality affecting public interest and good governance.
Directions Issued
The Court restrained the deputed Engineers from functioning as Town Planners in RMC and directed that regularly appointed Assistant Town Planners be allowed to discharge town-planning duties to ensure lawful functioning of the Corporation. The State Government was permitted to repatriate the deputed Engineers.
The matter has been listed for further consideration on January 29, 2026.
