IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.8196 OF 2010 1. KANCHAN DEVI, W/O AJIT KUMAR, R/O VILLAGE DUMARI, P.O.- BHARTHU, P.S.-GHOSI, DISTRICT-JEHANABAD AT PRESENT C/O SRI HANKU RAI, NEAR L.P. SHAHI COLLEGE THANA COLONY, SOUTH TO RAM KRISHNA NAGAR, PATNA-27. VERSUS 1. THE STATE OF BIHAR. 2. THE COLLECTOR, PATNA. 3. THE S.D.O. PATNA. 4. THE B.D.O. PATNA. 5. THE BLOCK PROGRAMME OFFICER, SAMPAT CHAK, PATNA. 6. THE C.O. SAMPAT CHAK, PATNA. 7. THE PANCHAYAT SACHIV, SAMPAT CHAK PATNA. 8. THE LAND ACQUISITION OFFICER, PATNA. ************ 4 17/09/2010 The petitioner has filed this writ application claiming that 1 kathas of land appertaining to plot no. 215, khata no. 24, thana no. 124 in village Sona Gopalpur has been utilized by the Rural Works Department for laying down a road under the Pradhan Mantri Sarak Sampark Yojana. Learned Counsel for the petitioner submits that the petitioner’s husband is in the Army and is posted in Kargil and, therefore, she was not in a position to file any objection, even so, it is admitted in the counter affidavit filed on behalf of the Circle Officer that the land was purchased by the petitioner’s husband on 25.11.2009 and the name of the petitioner was mutated in the revenue records in Mutation Case No. 3156/3 of 2009- 10. The stand of the Executive Engineer is that the lands in question were used as a village road for the past 50 2 years. This stand does not appear to be believable in view of the fact that the petitioner has recently purchased the lands in question in the year 2009. It is not acceptable that a person will purchase a land which is used as a village road by the villagers or by the general public, as it would be of no use to the person who has purchased the said land. In any event, the Executive Engineer should be aware of the fact that the construction or laying down a road has to be made on the existing roads in the village. There can be no justification for laying down a new road on the private lands of the individuals which are not shown in the survey map to be public road. In any event, before using the land of any private person, the authorities concerned ought to take the consent of such persons. The manner in which the road has been constructed is illegal and most improbable. I, therefore, direct the Collector, Patna to send a requisition to the Rural Works Department for providing funds for payment of compensation to the petitioner and her husband after initiating Land Acquisition Proceeding in the matter or in the alternative, direct that the Collector should order the Executive Engineer of the Rural Works Department to restore the lands of the petitioner in its original form. The aforesaid directions 3 including payment of compensation should be followed within a period of six weeks from the date of receipt/production of a copy of this order. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )