Jharkhand High Court
Nageshwar Acharya vs The State Of Jharkhand Through Chief … on 16 April, 2026
Author: Rajesh Shankar
Bench: Rajesh Shankar
2026:JHHC:10813-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No. 682 of 2025
1. Nageshwar Acharya, Aged about 37 years, Son of Arun Kumar
Acharya, Resident of Village Icha, Rajnagar, P.O. Icha, P.S. Rajnagar,
District Saraikela Kharsawan.
2. Suraj Pradhan, Aged about 35 years, Son of Arbind Kumar Pradhan,
Resident of Village Icha, Rajnagar, P.O. Icha, P.S. Rajnagar, District -
Saraikela Kharsawan. ... Petitioners
Versus
1. The State of Jharkhand through Chief Secretary, Government of
Jharkhand having its Office at Project Building, P.O. Dhurwa, P.S.
Dhurwa, District Ranchi.
2. The Principal Secretary, Department of Industries, Government of
Jharkhand, having its office at Nepal House, P.O. Doranda, P.S.
Doranda, District Ranchi.
3. The Principal Secretary, Department Health, Medical Education &
Family Welfare, Government of Jharkhand, having its office at Nepal
House, P.O. Doranda, P.S. Doranda, District Ranchi.
... Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioners: Mr. Anupam Anand, Advocate
Mr. Pranav Kumar, Advocate
For the Respondents: Mr. Piyush Chitresh, A.C. to A.G.
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Reserved on: 08.04.2026 Pronounced on: 16.04.2026
Per M. S. Sonak, C.J.
1. The present writ petition has been filed in purported public interest
seeking, inter alia, the following reliefs –
a. For issuance of an appropriate writ/ writs, order/ orders,
direction/ directions particularly a writ in nature of
mandamus commanding upon the Respondents to ensure
that proper parking facilities are provided to the truck who
are plying goods from and to Chaliyama Steel Plant,
situated at Rajnagar, District- Saraikela Kharsawan
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operated by M/s Rungta Mines Limited in terms of the
Rule 41 of Jharkhand Building Bye-laws, 2016 as there is
no parking facility in available at the entry and exit gate of
the said Steel Plant and public road is being used for by
the trucks who are plying goods from and to Chaliyama
Steel Plant and as such frequent road accident are taking
place.
b. For issuance of an appropriate writ/ writs, order/ orders,
direction/ directions particularly a writ in nature of
mandamus commanding upon the Respondents to ensure
that labours working at Chaliyama Steel Plant, situated at
Rajnagar, District- Saraikela Kharsawan operated by M/s
Rungta Mines Limited are provided with proper health
care facilities which are accessible to them as they
working in hazardous condition and nearest hospital to the
said site is 12 (Twelve) Kilometres away at Chaibasa
Sadar Hospital.
c. For issuance of an appropriate writ/ writs, order/ orders,
direction/ directions particularly a writ in nature of
mandamus commanding upon the Respondents to
constitute a committee to investigate that the labours
working at Chaliyama Steel Plant, situated at Rajnagar,
District- Saraikela Kharsawan are provided with adequate
health care, sanitation and wages in accordance with the
laws and industry standard.
2. The above reliefs are sought in public interest litigation on behalf of
the workers at the Chaliyama Steel Plant and commuters on the roads at
Rajnagar in the district of Seraikella-Kharsawan.
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3. The petitioners have alleged systemic operational negligence and
persistent disregard for statutory mandates in the management and
operation of the Chaliyama Steel Plant (CSP). They have alleged that on
account of inadequate parking facilities and narrow roads in the region,
heavy vehicles and trucks concerned with CSP utilize a disproportionate
portion of the roads and stretches of the national highway in the region,
creating serious hazards for the workers and commuters.
4. The petitioners have alleged that there are no adequate medical
facilities either within the CSP or in its vicinity. They have alleged that on
account of road accidents and other accidents related to non-compliance
with safety regulations, the workers and the commuting public suffer. In
the absence of medical facilities in the vicinity, such victims are often
denied reasonable and adequate medical services. They have submitted
that all these issues are of public interest and therefore the reliefs prayed
for by them should be considered and granted.
5. The respondents have filed affidavits in this matter. They shall be
discussed during this judgment and order. However, the respondents, in
their affidavits, have pointed out the facilities already provided and have
offered suggestions which would go a long way in addressing the issues
raised by the petitioners in this petition.
6. The rival contentions, therefore, now fall for our determination.
7. At the outset, we note that the right to health, particularly in the
context of workers and other downtrodden persons, has been consistently
recognised as an integral facet of the right to life under Article 21 of the
Constitution.
8. In the cases of Consumer Education & Research Centre v.
Union of India, reported in (1995) 3 SCC 42 and Bandhua Mukti
Morcha v. Union of India, reported in (1984) 3 SCC 161, the Hon’ble
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Apex Court emphasised that the State is constitutionally obliged to ensure
adequate health care, sanitation facilities and fair wages for workers,
especially those engaged in hazardous industries. This obligation is
further reinforced by the decisions of the Hon’ble SC in the cases of
Parmanand Katara v. Union of India, reported in (1989) 4 SCC 286
and Paschim Banga Khet Mazdoor Samity v. State of West Bengal,
reported in (1996) 4 SCC 37 respectively, which hold that the right to
emergency medical treatment is fundamental and cannot be denied to
any person.
9. In the specific context of hazardous industrial activities such as
steel manufacturing, the principle of absolute liability was enunciated by
the Hon’ble Supreme Court in M.C. Mehta v. Union of India, reported in
(1987) 4 SCC 463. Further, in Occupational Health & Safety
Association v. Union of India, reported in (2014) 3 SCC 517, the
Hon’ble Supreme Court issued detailed directions for the establishment
and maintenance of proper occupational health centres with adequate
medical infrastructure in hazardous industries. Most recently, in the case
of Peoples Rights and Social Research Centre (PRASAR) v. Union of
India, reported in 2024 INSC 582, the Hon’ble Apex Court reiterated that
failure to protect workers from occupational hazards and provide
accessible healthcare facilities amounts to a violation of Article 21 read
with Articles 39(e) and 42 of the Constitution.
10. Therefore, we cannot accept the contention raised by some of the
respondents that this petition should not have been treated as a public
interest litigation or that this petition must be now rejected with liberty to
the workers or the commuters to file regular writ petitions.
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11. At the same time, we are satisfied that the reliefs for appointing a
fact-finding committee need not be granted in this public interest litigation.
Such orders are not to be made routinely. Besides, in this case, some
effective orders can be made based upon certain positions admitted by
and on behalf of some of the respondents. As regards the parking issues,
we refer to Rule 41 of the Jharkhand Building Bye laws, 2016. This rule
mandates the provision of internal parking facilities for industrial units.
This rule must be complied with by CSP.
12. In the absence of a designated parking bay on the CSP premises, it
appears that heavy vehicles and trucks carrying goods to and fro from the
CSP disproportionately use public roads as a makeshift parking area.
Such parking naturally obstructs the free flow of traffic and leaves all other
commuters with much less road space. Thus, to further the commercial
interests of CSPs, and prima facie on account of CSPs not complying with
the statutory requirements to provide adequate parking facilities for their
own vehicles or the vehicles of those with dealings and transactions with
CSPs, the traveling public and commuters are forced to suffer.
13. The petitioners have placed on record several photographs
showing trucks parked on public roads outside the CSP. The petitioners
have also placed on record complaints and representations regarding the
disproportionate use of public roads by CSP vehicles or vehicles
transacting business with CSP. The petitioners have complained that their
representations are not being addressed either by the CSP or the
statutory authorities. For all these reasons, we are satisfied that the
issues raised fall within the realm of public interest and cannot be
dismissed by styling them as private interest disputes.
14. There must be some equity when it comes to user of public roads.
If big industries like CSP start to disproportionately use public roads
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without adopting any safeguards, that would not be proper. The CSP
vehicles or the vehicles transacting business with CSP are no doubt
entitled to use the public road along with all others. However, such users
must be reasonable. Such a user must not virtually ease out other
commuters on the public roads. Such a user must not place undue and
disproportionate stress on the road infrastructure.
15. Ultimately, CSP is using such roads for its commercial ventures.
There may be nothing wrong with such a reasonable user. But a
disproportionate or inequitable user puts great stress on ordinary
commuters of such public roads. Ultimately, such public roads are built
and maintained through the taxpayers’ funds. Therefore, all that we say is
that there must be an equitable user of such roads, particularly by
industries established for commercial gains.
16. The General Manager, District Industries Centre, Chaibasa, has
filed an affidavit in this matter and annexed a status report. This report
observes that the roads in the vicinity of CSP, i.e. NH-220, as a branch of
NH-20, remain heavily burdened due to their limited width and high traffic
volume. The report refers to raw materials from the mining belts of
Noamundi, Kiriburu, and adjoining areas being transported through this
corridor to various units across the Kolhan region. The report, no doubt,
suggests that the resulting congestion is not attributable only to CSP or
CSP vehicles but is a cumulative effect of regional industrial activity. The
report also states that a parking area of approximately 20 acres has now
been developed within the precincts of CSP, and that this developed area
has the potential to accommodate about 800 to 1000 vehicles. There is a
statement that this area includes functional facilities for rest, sanitation
and food outlets.
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17. The report concludes by offering several suggestions for systemic
upgrades, including
(a) Widening of existing roads and construction of dividers;
(b) Creation of designated heavy-vehicle parking zones;
(c) Enhanced street lighting and speed-monitoring devices;
18. Based on the materials on record, we are of the view that the
suggestions contained in the report of the General Manager, District
Industries Centre, Chaibasa merit due consideration by the respondents,
particularly in the context of the traffic issues highlighted by the petitioners
and, to a considerable extent, acknowledged by the respondents. The
said suggestions, if appropriately examined and acted upon, have the
potential to substantially address the concerns raised in the present
petition.
19. The petitioners have also referred to the inadequate medical
facilities, which affect not only the workers of CSP but also members of
the public who are victims of road accidents. The General Manager’s
report also suggests establishing a Trauma Centre near the national
highways in the region to address this issue.
20. As noted earlier, right to health is an essential facet of Article 21 of
the Constitution. Due to executive neglect or inaction, this right cannot be
defeated. Having accepted the gaps in providing adequate medical
facilities in the region, the State cannot say that it would do nothing in the
matter or take no steps to address this serious issue.
21. The record shows that the Government Primary Health Centre is
functional, approximately 1 km from CSP. This health centre can provide
only basic first aid facilities. There is a Community Health Centre (CHC)
providing secondary-level care at Rajnagar. But the same is almost about
12 (Twelve) Kilometres away.
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22. In our opinion, the above facilities are hardly sufficient to redress
the grievances highlighted in this petition. Considering the volume of
traffic and the width of the roads in the regions, it is necessary for the
respondents to ensure that adequate medical facilities to treat accident
trauma cases are available in the vicinity and at a reasonable distance.
Even the CSP should be approached to contribute to such a facility as a
part of its Corporate Social Responsibility (CSR) activities.
23. The affidavits filed on record do speak about the parking facilities
now provided within the CSP premises. However, the respondents must
keep proper vigilance and compliance, including, more particularly, the
statutory compliance. It is their duty to ensure that the CSP provides
proper parking facilities within its campus so that public roads are not
disproportionately used for parking heavy vehicles belonging to the CSP
or transacting business with the CSP.
24. Accordingly, we dispose of this petition by issuing the following
directions: –
(i) The Respondent No. 2 – Principal Secretary, Department of
Industries, Government of Jharkhand, shall ensure strict
enforcement of Rule 41 of the Jharkhand Building Bye-laws,
2016, and shall take all necessary measures to ensure that
adequate internal parking facilities are effectively utilized
within the premises of the Chaliyama Steel Plant (CSP), so
that public roads are not used for unauthorized parking of
heavy vehicles;
(ii) The Respondent No. 2 – Principal Secretary, Department of
Industries, Government of Jharkhand, shall consider and
take a reasoned decision on the report submitted by the
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2026:JHHC:10813-DBGeneral Manager, District Industries Centre, Chaibasa, within
a period of three (03) months from today and, if any
measures are approved pursuant thereto, the same shall be
implemented in accordance with law within a period of 12
months from today.
(iii) The Respondent-State authorities, in coordination with the
concerned district administration and police authorities, shall
ensure that no heavy vehicles connected with CSP are
permitted to occupy public roads in a manner that obstructs
the free and equitable flow of traffic.
(iv) The Respondent-State authorities shall also coordinate with
the competent authorities, including the National Highways
Authority, to ensure the upgradation and regulation of the
concerned highway stretches, including the installation of
street lighting, speed-monitoring mechanisms, and traffic
control systems.
(v) The Respondent-State authorities shall identify and develop
designated heavy vehicle parking and holding zones in the
vicinity of the CSP and along the affected highway corridor,
within a period not exceeding eighteen (18) months from
today.
(vi) The Respondent No. 3 – Principal Secretary, Department of
Health, Medical Education & Family Welfare, shall, upon
consideration of the report submitted by the General
Manager, District Industries Centre, Chaibasa, take a policy
decision within a period of three (03) months from today
regarding the establishment and operationalisation of
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2026:JHHC:10813-DBadequate emergency medical and trauma care facilities in
the vicinity of the CSP and the affected highway corridor;
(vii) While taking such a decision, the State shall also explore the
possibility of participation of CSP under its Corporate Social
Responsibility (CSR) obligations for strengthening such
medical infrastructure.
(viii) If a decision is taken, the approved medical facilities shall be
established and made functional within a period not
exceeding eighteen (18) months from today.
(ix) The Superintendent of Police, Chaibasa, along with other
competent authorities, shall ensure strict enforcement of
traffic regulations, including prevention of unauthorised
roadside parking by heavy vehicles and installation of
appropriate monitoring mechanisms.
(x) Continuous vigilance shall be maintained to ensure that
public roads are not subjected to disproportionate or
hazardous use by industrial traffic.
(xi) The Principal Secretary, Department of Industries,
Government of Jharkhand, in coordination with other officials
referred to above, shall file a comprehensive compliance
affidavit before this Court within a period of six (06) months,
indicating the steps taken in furtherance of the above
directions, after furnishing a copy to the learned counsel for
the petitioners.
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25. It is clarified that the above directions are issued in furtherance of
statutory compliance and shall not preclude the authorities from taking
any additional measures in accordance with law.
26. Pending I.As., if any, will not survive and are disposed of. All
concerned must act on an authenticated copy of this judgment and order.
(M. S. Sonak, C.J.)
(Rajesh Shankar, J.)
16.04.2026
A.F.R.
APK
Uploaded on 16.04.2026
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