Jharkhand Visthapan Sangharsh Morcha ... vs The Union Of India
2026 Latest Caselaw 2793 Jhar

Citation : 2026 Latest Caselaw 2793 Jhar
Judgement Date : 8 April, 2026

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Jharkhand High Court

Jharkhand Visthapan Sangharsh Morcha ... vs The Union Of India on 8 April, 2026

Author: Rajesh Shankar

Bench: Rajesh Shankar

                                               2026:JHHC:9965-DB

   IN THE HIGH COURT OF JHARKHAND AT RANCHI
            W.P.(PIL) No. 2555 of 2025

Jharkhand Visthapan Sangharsh Morcha Trust, having its registered
office at Adarsh Chowk, Sinduari, PO-Chepa Kalan, PS-Barkagaon,
District-Hazaribagh, through its Settlor-cum-Director Raghunandan
Mahto                                     ...   ...   Petitioner
                                 Versus
1. The Union of India, through the Union Secretary, Department of
    Land Resources, Ministry of Rural Development, Government of
    India, New Delhi
2. The National Thermal Power Corporation Limited (NTPC),
    through Chairman-cum-Chief Managing Director, NTPC Bhawan,
    Scope Complex, Industrial Area, Lodhi Road, New Delhi
3. The Chairman-cum-Chief Managing Director (CMD), National
    Thermal Power Corporation Limited, NTPC Bhawan, Scope
    Complex, Industrial Area, Lodhi Road, New Delhi
4. The Chief General Manager (CGM), Pakri Barwadih Coal Mining
    Project, NTPC Limited, Site Office at Sikri, PO & PS-Barkagaon,
    District-Hazaribagh
5. The Chief General Manager (CGM), Keredari Coal Mining Project,
    NTPC Limited, Site Office at Sikri, PO & PS-Barkagaon, District-
    Hazaribagh
6. The Additional General Manager (AGM), Keredari Coal Mining
    Project, NTPC Limited, Site Office at Sikri, PO & PS-Barkagaon,
    District-Hazaribagh
7. The State of Jharkhand
8. The Chief Secretary, Government of Jharkhand, Project Building,
    Dhurwa, Ranchi
9. The Principal Secretary, Department of Personnel, Administrative
    Reforms and Rajbhasha, Government of Jharkhand, Project
    Building, Dhurwa, Ranchi
10. The Secretary, Department of Revenue, Registration and Land
    Reforms, Government of Jharkhand, Project Building, Dhurwa,
    Ranchi
11. The Divisional Commissioner-cum-Rehabilitation & Resettlement
    Commissioner, North Chhotanagpur Division, Hazaribagh
12. The Deputy Commissioner, Hazaribagh
13. The Additional Collector-cum-Administrator Rehabilitation &
    Resettlement, Hazaribagh
14. The Circle Officer, Keredari, District-Hazaribagh
                                          ...   ...     Respondents
                              -----

   CORAM:           HON'BLE THE CHIEF JUSTICE
               HON'BLE MR. JUSTICE RAJESH SHANKAR
                               -----
For the Petitioner           : Mr. Abhishek Krishna Gupta, Advocate
                               Mr. Rahul Kumar Mishra, Advocate

For the Respondent-UoI(NTPC) : Mr. Prashant Pallav, ASGI Mr. Bajrang Kumar, AC to ASGI For the Respondent-State : Mr. Piyush Chitresh, AC to AG

2026:JHHC:9965-DB

-----

Order No. 06 Dated: 08.04.2026

1. Heard learned counsel for the parties.

2. This petition instituted in purported public interest seeks the

following reliefs:

(a) In order to maintain the "status of local residents"

in the State of Jharkhand for the displaced persons/families due to land acquisition exercise a sub-para be inserted in para-2 in the Resolution No. 3198 dated 18.04.2016 issued by the Respondent No. 9 (which deals with the definition and identity of the local residents of Jharkhand) to the effect "A person who resides within the geographical limits of the State of Jharkhand, And whose name or the name of his ancestors is registered in the last survey but has been displaced due to land acquisition in any project then he and his descendants would be considered as local residents of Jharkhand";

(b) For issuing direction that Rehabilitation and Re-

settlement Certificate issued under Rule-28(6) of the "Jharkhand Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2015" be issued as per the prescribed procedure in the said Rules;

(c) To issue direction so as to bring about Necessary Amendments in the Rehabilitation and Re- settlement Certificate issued under Rule-28(6) in terms of Rule-41 of "Jharkhand Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2015";

(d) By changing the pre-determined and currently applicable cut-off date 17/05/2016 for rehabilitation and re-settlement benefits given to

2026:JHHC:9965-DB

the displaced persons in the form of a separate family, the Respondent should be instructed to set the cut-off date as the date of displacement;

(e) To issue direction for factoring in Re-settlement Certificate issued under Rule-28(6) in the caste certificate issuing process as prescribed in Memo No. 1754 dated 25/02/2019 issued under the Signature of Addl. Chief Secretary, Government of Jharkhand? and

(f) To issue direction that "Separate Form" be issued for the displaced people in the process relating to issuance of Caste Certificate in the light of Memo No. 1754 dated 25/02/2019 issued under the signature of Addl. Chief Secretary, Government of Jharkhand.

3. Upon considering the nature of reliefs and the general pleadings

in this petition, we are afraid, that even if we assume that this

petition has been filed with best of the intentions, it will not be

within our province to deal with or grant the reliefs that have

now been prayed for. The main relief, is for a direction to amend

the Resolution No. 3198 dated 18.04.2016 issued by the 9th

respondent in the context of the definition and identity of the

local residents of Jharkhand. These are matters of policy, if not

quasi-legislative policies. It is not for the courts to ordinarily

interfere in such matters.

4. Besides, we note that this is not a petition to challenge the

constitutional validity of any legislative provisions or any