Inside a packed courtroom at Ranchi, the Bench of the High Court of Jharkhand sent out a clear message: public hospital land cannot be treated as private property. Hearing a long-running public interest litigation, the court passed firm directions to remove illegal occupants from the Rajendra Institute of Medical Sciences (RIMS) campus and restore control of the land to hospital authorities.
The matter combines two concerns-unauthorised occupation of government bungalows and large-scale encroachment on hospital land that, according to the court, directly affects patient care and safety.
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Background of the Case
The case arose from W.P.(PIL) No. 4736 of 2018 filed by Jyoti Sharma, along with two suo motu petitions initiated by the court in 2020. Over the years, the court has monitored the functioning of Rajendra Institute of Medical Sciences, Jharkhand’s only super-specialty government hospital.
During the hearing, the State informed the court that “Kelly Bungalow No. 2” on the RIMS campus was being occupied by Rakhee Nisha Oraon, wife of a former deputation officer. Both she and her husband had already been repatriated to their parent departments, yet the bungalow continued to be occupied without any valid allotment.
At the same time, the court was examining reports on widespread encroachment over nearly seven acres of RIMS land-ranging from shops and temples to residential structures-raised over decades.
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The Bench, led by the Chief Justice, noted that continued occupation of government accommodation after repatriation had no legal basis. “It does not behove a government officer to illegally occupy government premises merely because of rank,” the court observed.
On the larger issue, the court relied heavily on an inspection report submitted by the Member Secretary of Jharkhand State Legal Services Authority. The report described alarming conditions: shops blocking emergency access, unauthorized buildings inside hospital premises, broken boundary walls, and safety risks near the girls’ hostel.
The Bench remarked that RIMS land was acquired lawfully decades ago and any structure not belonging to the hospital was, by definition, an encroachment. “There cannot be any lawful ownership claim over land lying within the precincts of RIMS,” the court said.
Several individuals approached the court seeking modification of the eviction order, claiming ownership based on old land records, sale deeds, and rent receipts. The court examined original acquisition records and found that the land had been acquired in the 1960s and compensation had already been paid.
The Bench rejected the argument that the acquisition had lapsed under the 2013 land acquisition law, relying on settled law laid down by the Supreme Court of India. Since compensation had been paid, the court held, the acquisition remained valid.
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Even a challenge before the Supreme Court failed, with the apex court declining to interfere with the Jharkhand High Court’s orders.
The Court’s Decision
In its operative directions, the High Court ordered:
- Rakhee Nisha Oraon to vacate Kelly Bungalow No. 2 within 15 days, failing which forcible eviction may follow.
- All encroachers on RIMS land to remove belongings within 72 hours.
- The district administration to carry out eviction with police support and submit a compliance report within a week.
- Any obstruction to the eviction drive would amount to willful contempt of court.
The matter has been listed for further monitoring, with the court stressing that hospital land must be protected in the public interest.
Case Title: Jyoti Sharma vs State of Jharkhand & Ors.
Case No.: W.P.(PIL) No. 4736 of 2018 (with connected cases)
Case Type: Public Interest Litigation
Decision Date: 20 December 2025
