JAWAHARLAL SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) As all these four writ petitions relate to constitution of Municipal Corporation at Jamshedpur and in three of them the notification inviting objection for constitution of such Municipal Corporation at Jamshedpur is under challenge and common question of law being involved, they were heard together and are being disposed of by this common judgment.

(2.) Out of these four analogous writ petitions, two, namely, W.P.(PIL) No. 4388 of 2003 and W.P.(PIL) No. 364 of 2006 have been preferred as public interest litigation. In W.P.(PIL) No. 4388 of 2003 prayer has been made to direct the State to replace Jamshedpur Notified Area Committee by duly elected Municipal Body (Corporation) in accordance with the provisions, contained in Part-IX A of the Constitution of India. In W.P.(PIL) No. 364 of 2006 prayer has been made to declare the Notification dated 6th December, 2005 as illegal and unconstitutional and to command the respondents to declare Jamshedpur Township as an "Industrial Township" as per Article 243Q of the Constitution of India. One Shalkhan Murmoo in W.P.(C) No. 872 of 2006 has also challenged the same Notification dated 6th December, 2005 on the ground that the same is violative of the Constitution of India and the provisions of "Panchayat (Extension of Scheduled Areas) Act, 1996" (hereinafter to be referred as 'PESA, 1996') as well as the provisions of "Jharkhand Panchayat Raj Act, 2001". Fourth writ petition i.e. W.P.(C) No. 517 of 2006 has been preferred by the Tata Steel Ltd. (earlier known as Tata iron & Steel Company) for a declaration that Section 2(1) of the Bihar Municipal Corporation Act, 1978 (Bihar Act 12 of 1978) ultra vires Article 243Q read with Article 243ZF of the Constitution of India, as the same is not in consonance with the aforesaid constitutional provisions. It has also challenged the Notification dated 6th December, 2005, published by the Government of Jharkhand in the official Gazette dated 8th December, 2005, whereby and whereunder, a draft proposal has been published for declaration and formation of Jamshedpur Municipal Corporation over the areas, falling under Jamshedpur and Mango Notified Area Committees and Jugsalai Municipality and for that purpose the State of Jharkhand has invited objections and suggestions from the persons, to be affected by the said Notification. Prayer has also been made for a direction on the respondent-State to issue an appropriate Notification under Sub-section (4) of Section 4 of the Bihar and Orissa Municipal Act, 1922 and to declare Jamshedpur Township as an "Industrial Township", as envisaged under Section 3(11 A) of the said Act and to appoint a Committee to cany out the aims and object of the said Act and to carry out the purpose of the Act in the "Industrial Township".

(3.) W.P.(C) No. 517 of 2006: The petitioner Tata Steel Ltd. is a company, registered under the Companies Act, 1956. Its steel plant at Jamshedpur was established in the year, 1907 by Sir Jamshed Ji N. Tata. According to the petitioner, with regard to the township at Jamshedpur, the vision of the founder of the Company was clear from the letter written to his son Dorabji in the year, 1902, an extract of which reads as follows: