Jharkhand HC rules Gram Panchayats have final say on building approvals in rural areas
Ranchi, Nov 28: The Jharkhand High Court has delivered a significant judgment resolving the jurisdictional conflict between the Jharkhand Panchayati Raj…
Ranchi, Nov 28: The Jharkhand High Court has delivered a significant judgment resolving the jurisdictional conflict between the Jharkhand Panchayati Raj Act and the Jharkhand Regional Development Authority (JRDA/RRDA) Act.
In its order, the Court clarified that in rural areas where the Panchayati Raj Act applies, the powers of Gram Panchayats will prevail, and any provisions of the JRDA Act inconsistent with the Panchayats’ authority will be considered “implicitly repealed” to that extent.
The case arose when the petitioners purchased land in the rural area of Sidraul in the Namkum block of Ranchi and constructed buildings after obtaining the required approvals from the Gram Panchayat. Several years later, the Ranchi Regional Development Authority (RRDA) initiated action, claiming that the petitioners had not obtained prior permission under Section 30 of the JRDA Act and issued orders for demolition of the buildings.
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The petitioners challenged the RRDA’s action in court. The case was heard by Justice Deepak Roshan of the Jharkhand High Court. Advocate Kumar Harsh represented the petitioners.
After hearing the arguments, the Court noted in its judgment that Panchayats should be regarded not merely as bodies implementing state government policies but as empowered local governments capable of formulating and implementing independent programs for local economic development and social justice.
The Court further observed that the authority to approve building plans and grant construction permissions falls within the scope of “rural housing” under the Panchayati Raj Act. While Section 30 of the JRDA Act makes prior permission from the authority mandatory for all types of land development, the Panchayati Raj Act grants Gram Panchayats the power to approve rural housing and building plans.
The Court concluded that there is a clear jurisdictional conflict between the two laws, and dual parallel authority over the same function (building permissions) cannot exist. Therefore, after the application of the Panchayati Raj Act, provisions of the JRDA Act that are inconsistent (especially Section 30) will be deemed implicitly repealed to that extent.
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As a result, the Ranchi Regional Development Authority (RRDA) has no authority to approve building plans in Panchayat areas like Sidraul, and separate permission under Section 30 of the JRDA Act is not required. Consequently, the buildings constructed by the petitioners cannot be declared illegal.
