IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.331 of 2011 JAI KISHUN SAH & ORS . Versus THE STATE OF BIHAR & ORS . ----------- 2/ 22/02/2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by excavating and lifting of soil from his lands for constructing a public road under the Pradhan Mantri Gramin Sadak Yojna and construction of the road itself on his lands. An alternative prayer has been made for grant of due compensation. The lands are identified as:- Thana No.166, Khata No.609, Khesra No.20(0) area 8 dismals i.e. lands of petitioner nos. 1 and 2 and thana no.166, tauzi no.3878, old khesra no.30 is land of petitioner no.3. Learned counsel for the State submits that the construction of the road is a public project. The petitioners themselves are willing to accept compensation. It appears that the petitioners have already represented before the District Magistrate, Samastipur on 25.11.2010. Let the representation be disposed off by a reasoned and speaking order in accordance with within a maximum period of two months from the date of - 2 - receipt/presentation of a copy of this order. Nothing precludes the respondents from even negotiating privately the issue of the lands with the petitioners also, if so advised. However, it needs to be clarified that the State cannot sit over the matter of payment of compensation and continue with the construction on the lands when the entire construction made by the respondents shall be at their own risk and responsibility, more particularly, individually on those who continued with the construction notwithstanding the present order and the directions given. The writ application stands disposed. KC ( Navin Sinha, J.)