APARESH SINGH,B.B.MANGALMURTI, J. - (1.) A supplementary counter affidavit has been filed on behalf of the Respondent- Urban Development Department. However, we are constrained to observe that except for making a statement that process for constitution of State Municipal Regulatory Commission is in the process, the affidavit is evasive on that aspect. Statements have been made therein which is unconnected with this issue in respect of which the Court was appraised on 3.7.2017. The Public Interest Litigation is pending since 2014.
(2.) Section 263 of the Jharkhand Municipal Act, 2011 reads as under:- "263.Constitution and incorporation of State Commission: (1) The State Government shall, within six month from the date of commencement of this Act, by notification, constitute a State Commission to be known as the Jharkhand Municipal Regulatory Commission to exercise the powers conferred on, and to perform the functions assigned to it under this Act. (2) The State Commission shall be a body corporate, having perpetual succession and a common seal, and shall have the power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the name as aforesaid, sue or be sued. (3) The head office of the State Commission shall be at such place as the State Government may, by notification, specify. (4) The State Commission shall consist of such number of members including the Chairperson, not being more than three, as the State Government may determine. (5) The State Government may appoint the Chairperson from amongst persons who have been Judge of the High Court or retired from the post of Chief Secretary or an equivalent post. (6) The other member shall be persons having specialized knowledge in the areas of urban management, finance, engineering or law as may be prescribed. (7) The Chairperson and the other members shall be appointed by the State Government on the recommendation of the Selection Committee constituted under Section 264. (8) The Chairperson or any other member shall not hold any other office. (9) The Chairperson shall be the chief executive of the Regulatory Commission."
(3.) There is a statutory mandate upon the State Government to constitute the State Commission within 6 months from the date of commencement of this Act. In the affidavit filed on 15.7.2017, no details have been provided as to the stage of its constitution. We refrain ourselves from passing any harsh order today on that subject.;