IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11807 of 2011 1. Umakant Singh @ Umesh Singh S/O Bindo Singh R/O Vill.- Lakshmipur, P.S.- Barahia, Distt.- Lakhisarai Versus 1. The State Of Bihar 2. The Principal Secretary Rural Works Department, Government Of Bihar, Patna 3. The District Magistrate, Lakhisarai 4. The Executive Engineer, Rural Engineering Organization, Sheikhpura 5. The Block Development Officer, Barahia 6. Officer-In-Charge, Barahia Police Station, Distt.- Lakhisarai 7. The Director General Of Police, Bihar, Patna 3 13.10.2011 The grievance of the petitioner is that the respondents have constructed road without his consent on his Khatiyani land bearing Tauzi No.2789, Khata No.155, Khesra Nos.453-454 of village Laxmipur in the district of Lakhisarai. The petitioner submits that he raised objection to various authorities but no action has been taken as yet. It is well settled that a private or raiyati land of a person cannot be used for construction of road or for any other purpose unless the same is acquired in accordance with law or the same has been voluntarily donated by the owner of the land. The petitioner asserts that neither he gave his consent for acquisition of land nor the land was acquired under any valid proceeding including Land Acquisition Proceeding. If the petitioner, files a detailed representation before the District Magistrate, Lakhisarai, who would have the measurement done in presence of the parties to ascertain as to how much of his land has been taken away for the purposes of construction of road. Once the aforesaid fact is ascertained, the 2 learned District Magistrate would take immediate steps for payment of due compensation to the petitioner in terms of the provisions of the Land Acquisition Act. The concerned department if so sought by the learned Collector would make necessary allotment for payment of compensation. The compensation should be paid to the petitioner within a period of six months from today, failing which the government would be liable to pay interest @ 6% on the due amount after six months till its payment. KHAN (S.P.Singh,J)