MLA Saryu Roy Legal Spanner in Jamshedpur Industrial City Notification Works
Jamshedpur East MLA Saryu Roy challenges the Jharkhand Government’s declaration of Jamshedpur as an industrial city, citing constitutional violations.
RANCHII – MLA Saryu Roy has publicly opposed the Jharkhand Government’s decision to issue a notification to declare Jamshedpur an industrial city, labeling it unconstitutional and illegal.
He alleged that the Urban Development Department, led by Secretary Vinay Kumar Choubey, issued the notification without the Governor’s consent, which is untenable.
Roy argues that the decision is a policy matter, not an executive action, requiring adherence to constitutional provisions.
He said that the notification was released under the guise of Governor’s orders, a process Roy claims was bypassed by the government.
According to Roy, the move violates Article 253Q of the Constitution, which dictates the formation of municipalities in areas providing civic amenities.
The controversy stems from the Cabinet’s resolution, which Roy insists was unauthorized and bypassed necessary approvals.
Roy’s conversation with Vinay Kumar Choubey revealed that the file for the notification wasn’t sent to the Governor, contradicting standard procedure.
The MLA asserts that the government’s action is a breach of constitutional protocol, questioning its legal standing.
Roy plans to delve into the notification’s merits and demerits, emphasizing its apparent lack of legal foundation.
Roy had raised this issue in Jharkhand Assembly too in the Winter session.
The declaration’s bypass of gubernatorial consultation is at the heart of Roy’s challenge, highlighting procedural discrepancies.
For the benefit of the readers we are reproducing Article 243Q from the Constitution here.
Article 243Q in The Constitution Of India 1949
243Q. Constitution of Municipalities
(1) There shall be constituted in every State,
(a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural area to an urban area
(b) a Municipal Council for a smaller urban area; and
(c) a Municipal Corporation for a larger urban area, in accordance with the provisions of this Part: Provided that a Municipality under this clause may not be constituted in such urban area or part thereof as the Governor may, having regard to the size of tile area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by public notification, specify to be an industrial township
(2) In this article, a transitional area, a smaller urban area or a larger urban area means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this Part
