Ranchi, May 19: The Supreme Court on Monday issued notice to state government on a PIL challenging the Jharkhand government’s 2023 notification declaring Jamshedpur in Jharkhand as an ‘industrial township’ and seeking formation of a municipal corporation for the city.
A division bench of Justices Surya Kant and N Kotiswar Singh passed the order while tagging the PIL with another similar case pending since 2018.
“This is a continuation of earlier proceedings, now the 2023 notification is being challenged, even if the notification is not challenged, in our opinion, the result will remain the same. If the provision is struck down, how will the notification survive? We are issuing notice,” Justice Kant said in response to the submission of counsel for Tata Steel.
The petition, filed through advocate Prashant Bhushan, has sought to declare Section 481 of the Jharkhand Municipalities Act, 2011 as unconstitutional. It prays for quashing of the notification dated 28.12.2023 issued by the state of Jharkhand declaring Jamshedpur as an “industrial township”.
For context, the proviso to Article 243Q(1) allows the Governor of a state to notify an area as an industrial township instead of creating a municipality, “having regard to the size of the area and the municipal services being provided or being provided by an industrial establishment in that area and such other factors as he may consider fit”.
