Jharkhand High Court Overturns RRDA's Demolition Orders, Upholds Panchayat Jurisdiction

Court rules Jharkhand Panchayat Raj Act supersedes Regional Development Authority in Panchayat areas, orders properties to be unsealed.

In a landmark judgment, the Jharkhand High Court has ruled in favor of R.S. Education Foundation Pvt. Ltd. and other petitioners, quashing the demolition and sealing orders issued by the Ranchi Regional Development Authority (RRDA) concerning properties situated in Panchayat areas. The court held that the Jharkhand Panchayat Raj Act, 2001, overrides the provisions of the Jharkhand Regional Development Authority Act, especially in areas governed by the Panchayat system, following the 73rd Constitutional Amendment.

Justice Deepak Roshan presided over the case, which involved multiple writ petitions challenging the RRDA's jurisdiction to sanction building plans in Panchayat areas. The court found that the RRDA had acted without jurisdiction and directed the immediate unsealing of properties, including structures in the villages of Sidroll, Barganwa, and at Mouza Khijari, among others.

The petitioners had constructed buildings based on permissions obtained from the respective Panchayat authorities, as mandated by the Jharkhand Panchayat Raj Act. However, the RRDA had ordered the demolition of these constructions, citing the absence of its approval. The High Court emphasized that the Panchayat Raj Act confers exclusive rights to Panchayat bodies for sanctioning building plans in rural areas.

In its judgment, the court underscored the legislative conflict between the two acts and applied principles of statutory interpretation, highlighting that a special law (Panchayat Raj Act) enacted later in time should prevail over an older general law (Regional Development Authority Act). The ruling aligns with the constitutional mandate to strengthen local self-governance through Panchayat systems.

Justice Roshan noted that the RRDA's actions not only contradicted the Panchayat Raj Act but also violated the spirit of decentralization enshrined in the Constitution. The court ordered the RRDA to unseal the properties and imposed a token cost of Rs. 1000 on the authority for acting without jurisdiction.

The judgment is expected to have significant implications for governance in rural Jharkhand, reinforcing the autonomy of Panchayat bodies in planning and development matters. Petitioners have been advised to seek compensation through civil suits for any losses incurred due to the RRDA's unlawful actions.

Bottom Line:

Jharkhand Panchayat Raj Act, 2001 overrides Jharkhand Regional Development Authority Act in areas governed by Panchayat system.

Statutory provision(s): 

• - Jharkhand Panchayat Raj Act, 2001 Sections 75(10), 123(ii)(d)
• - Jharkhand Regional Development Authority Act, Section 30
• - Constitution of India - Part IX and IX-A (73rd Constitutional Amendment)
• - Article 243N, 243ZD of the Constitution of India

R.S. Education Foundation Pvt. Ltd. v. State of Jharkhand, (Jharkhand) : Law Finder Doc Id # 2808945