IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16856 of 2008 1. TANKI DEVI, WIFE OF LATE SAUDI MAHTO, RESIDENT OF VILLAGE- KHOJKI PUR, P.S.- SARMERA, DISTT- NALANDA. 2. SHYAM KISHORE SINGH, SON OF SADASI SINGH, RESIDENT OF VILLAGE- BADHIA, P.S.- SARMERA, DISTT- NALANDA. 3. MANOHAR SINGH, SON OF LATE SUKHDEO SINGH, RESIDENT OF VILLAGE- BADHIA, P.S.- SARMERA, DISTT. NALANDA. 4. RAM BALAK SHARMA, SON OF LATE CHANDRA SHEKHAR SHARMA, RESIDENT OF VILLAGE- BADHIA, P.S.- SARMERA, DISTT.- NALANDA. 5. RAGHUBANS SINGH, SON OF LATE SUDISH SINGH, RESIDENT OF VILLAGE- BADHIA, P.S.- SARMERA, DISTT.- NALANDA. 6. DASHRATH PRASAD, SON OF LATE BHATTU MAHTO, RESIDENT OF VILLAGE- KHOJIKIPUR, P.S.- SARMERA, DISTT.- NALANDA. 7. DWARIKA PRASAD, SON OF LATE BHATTU MAHTO, RESIDENT OF VILLAGE- KHOJIKIPUR, P.S. SARMERA, DISTT.- NALANDA. 8. GIRIJA MAHTO @ CHHOTE MAHTO, SON OF LATE KARU MAHTO, RESIDENT OF VILLAGE- KHOJIKIPUR, P.S.- SARMERA, DISTT.- NALANDA. 9. RAMASHIS CHAUHAN, SON OF LATE KRIPAL CHAUHAN, RESIDENT OF VILLAGE- KHOJKIPUR, P.S.- SARMERA, DISTT.- NALANDA. 10. UMESH CHAUHAN, SON OF LATE MANGAL CHAUHAN, RESIDENT OF VILLAGE- KHOJKIPUR, P.S.- SARMERA, DISTT.- NALANDA. 11. TANIK CHAUHAN, SON OF LATE SHARAN CHAUHAN, RESIDENT OF VILLAGE- KHOJKIPUR P.S.- SARMERA, DISTT.- NALANDA. 12. SHANTI DEVI, WIFE OF LATE SHIVNANDAN PASWAN, RESIDENT OF VILLAGE- KHOJKIPUR P.S.- SARMERA, DISTT.- NALANDA. 13. UMESH PRASAD, SON OF GIRIJA MAHTO @ CHHOTU MAHTO, RESIDENT OF VILLAGE- KHOJKIPUR P.S.- SARMERA, DISTT.- NALANDA. 14. BINDESWAR PANDIT, SON OF LATE RAMDHANI PANDIT, RESIDENT OF VILLAGE- KHOJKIPUR P.S.- SARMERA, DISTT.- NALANDA. 15. INDRADEO CHAUHAN, SON OF LATE SITA CHAUHAN, RESIDENT OF VILLAGE- GOPALPUR, P.S.- SARMERA, DISTT.- NALANDA. 16. JAKO YADAV, SON OF LATE SHIV YADAV, RESIDENT OF VILLAGE- HUSENA, P.S.- SARMERA, DISTT.- NALANDA. 17. BISHUN YADAV, SON OF LATE DUKHI YADAV, RESIDENT OF VILLAGE- HUSENA, P.S.- SARMERA, DISTT.- NALANDA. 18. BHOLA YADAV, SON OF LATE HEERA YADAV, RESIDENT OF VILLAGE- HUSENA, P.S.- SARMERA, DISTT. NALANDA. 19. GORELAL YADAV, SON OF LATE KISHUN YADAV, RESIDENT OF VILLAGE- HUSENA P.S. SARMERA, DISTT. NALANDA. 20. RAM JEE YADAV, SON OF LATE JHAMAN YADAV, RESIDENT OF VILLAGE- HUSENA, P.S.- SARMERA, DISTT.- NALANDA. - 2 - 21. BRAHAMDEO YADAV, SON OF LATE BUNDI YADAV, RESIDENT OF VILLAGE- HUSENA, P.S. SARMERA, DISTT. NALANDA. 22. ARVIND CHAUHAN, SON OF SRI MOHAN CHAUHAN, RESIDENT OF VILLAGE- KHOJKIPUR, P.S.- SARMERA, DISTT. NALANDA. 23. RAM CHANDRA PRASAD, SON OF LATE BHATTU MAHTO, RESIDENT OF VILLAGE- KHOJKIPUR, P.S.- SARMERA, DISTT. NALANDA. 24. SADAN CHAUHAN, SON OF LATE MANORATH CHAUHAN, RESIDENT OF VILLAGE- KHOJKIPUR, P.S.- SARMERA, DISTT. NALANDA. 25. SADHU CHAUHAN, SON OF LATE SARAN CHAUHAN, RESIDENT OF VILLAGE- KHOJKIPUR, P.S.- SARMERA, DISTT. NALANDA. 26. LALA CHAUHAN, SON OF LATE RAGHU NANDAN CHAUHAN, RESIDENT OF VILLAGE- KHOJKIPUR, P.S.- SARMERA, DISTT. NALANDA. 27. BRIJ PASWAN, SON OF LATE MANGAL PASWAN, RESIDENT OF VILLAGE- KHOJKIPUR, P.S.- SARMERA, DISTT. NALANDA. 28. RAJENDRA PASWAN, SON OF LATE NARAYAN PASWAN, RESIDENT OF VILLAGE- KHOJKIPUR, P.S.- SARMERA, DISTT. NALANDA. 29. SHIVENDRA PRASAD, SON OF LATE DWARIKA PRASAD, RESIDENT OF VILLAGE- KAJICHAK, P.S. SARMERA, DISTT. NALANDA :--- PETITIONERS. Versus 1. THE UNION OF INDIA THROUGH SECRETARY, MINISTRY OF RURAL DEVELOPMENT, GOVT. OF INDIA. 2. THE STATE OF BIHAR, THROUGH SECRETARY, RURAL DEVELOPMENT DEPARTMENT 3. THE SECRETARY, RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 5. THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF BIHAR, PATNA. 6. THE DISTRICT MAGISTRATE, NALANDA. 7. THE SUPERINTENDENT OF POLICE, NALANDA. 8. OFFICER-IN-CHARGE, POLICE STATION- SARMERA, DISTT. NALANDA. 9. THE DEPUTY DEVELOPMENT COMMISSIONER, NALANDA. 10. THE CIRCLE OFFICER, SARMERA, DISTRICT- NALANDA 11. THE BLOCK DEVELOPMENT OFFICER, SARMERA, DISTRICT- NALANDA. 12. THE EXECUTIVE ENGINEER, RURAL DEVELOPMENT ORGANIZATION, BIHAR SHARIF, NALANDA. 13. THE EXECUTIVE ENGINEER, NATIONAL PROJECT CONSTRUCTION CORPORATION LTD., RAJ LAXMI APARTMENT, 2ND FLOOR, SOHSARAI, DISTT. NALANDA. 14. SRI UDAI SHANKAR, SON OF PRAYAG SINGH, RESIDENT OF VILLAGE- SARBAHDI, P.O.- ITAURA, P.S.- MANPUR, DISTT.- NALANDA, AT PRESENT CONTRACTOR UNDER RESPONDENT NO. 12. - 3 - 15. THE NATIONAL PROJECT CONSTRUCTION CORPORATION LTD., RAJ LAXMI APARTMENT, 2ND FLOOR, SOHSARAI, DISTT.- NALANDA THROUGH ADDITIONAL GENERAL MANAGER. :---- RESPONDENTS. ----------- For the petitioners : Mr. Kumar Malendu, Advocate. For the U.O.I. : Mr. Sunil Kumar, C.G.C. For the State : Mr. P.K.Verma, A.A.G. V Mr. P.K.Sharan, A.C. to A.A.G. V. For N.P.C.C.Ltd. : Mr. Amit Shrivastava, Advocate. ======= 9. 06.01.2011. Counsel for the petitioners is permitted to correct the description of Respondent Nos. 13 and 15. 2. Heard learned counsel for the petitioners, State and the counsel for Respondent Nos. 13 and 15 (National Project Construction Corporation Limited). 3. This writ petition has been filed by 29 petitioners who claim that their raiyati land has been encroached upon by the authorities including Respondent Nos. 13 and 15 for raising a road under the Prime Minister’s Rural Road Project. The fact that raiyati land of the petitioners has been utilized for raising/broadening of the village road without acquisition or their consent is evident from - 4 - the report of the Circle Officer, Sarmera as also of the District Magistrate, Nalanda dated 12.04.2008 and 11.04.2008, contained in Annexures 5 and 3 to this application. 4. It is submitted on behalf of the petitioners that they are poor peasants and have been deprived of their landed property without any authority of law, and thus they are required to be suitably compensated for the sufferance already undergone by them on account of deprivation of livelihood from the lands-in-question by forcibly raising of the road over the same by the executing agency, Respondent No. 13 and 15. In this connection, reference is made to the provisions of Article 300A of the Constitution of India and it is submitted that deprivation of property without any authority of law may not be infracting the fundamental rights of the petitioners but as the petitioners are small peasants by raising the road on their source of livelihood the authorities and - 5 - the executing agent, Respondent No. 13 and 15 have infracted Article 21 by depriving the petitioners of their source of livelihood and petitioners are entitled for suitable compensation. It is further submitted by the counsel for the petitioners that reliance placed by the counsel for respondents over the order of this Court in the case of Ashok Kumar Vs. the Union of India & Ors., reported in 2009 (4) PLJR 787 is wholly misplaced as perusal of paragraph 3 of the said order would show that petitioner of the said case had no objection in the road being laid rather he wanted to be compensated for his raiyati land taken for laying the road. 5. Counsel for the executing agency which is a Government of India Company and State within the meaning of Article 12 of the Constitution submitted with reference to the petition of the villagers dated 06.05.2008, Annexure-R/1 to the counter affidavit that other villagers barring the - 6 - petitioners were/are quite keen on the development of the road in question. In appreciation of the larger public interest the road in question has been raised/laid but considering the report of the Circle Officer, Sarmera and Collector, Nalanda the portion of the raiyati land of these 29 petitioners over which the executing agency has raised/laid the road without the explicit consent of petitioners, the executing agency is ready and willing to shift the alignment of the road-in-question so as to free the raiyati land of the petitioners by removing the road therefrom. 6. In appreciation of the aforesaid submission of the learned counsel for the executing agency the agency is directed to shift the alignment of the road-in-question within three months from the date of receipt of a copy of this order and to free the raiyati land of the petitioners by removing the road as per the finding of the Circle Officer, Sarmera and the District Magistrate, Nalanda. - 7 - Having removed the road from the raiyati land of the petitioners the executing agency, Respondent No. 13 and 15 should restore the land of the petitioners in the same state in which the land was before the laying of the road. Having restored the land to the pre-existing position, the executing agency, Respondent Nos. 13 and 15 shall also compensate the petitioners of the loss which they have suffered on account of raising of the road and deprivation of cultivation over the land for a period of almost two years. Compliance of this order be made by the executing agency, Respondent No. 13 and 15 within three months from today. 7. The writ application is, accordingly, disposed of. A.F.R./P.K.P. (V.N.Sinha,J.)