IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.14920 OF 2010 1. NARENDRA KUMAR, SON OF SRI MITHILA SHARAN SINHA 2. ABHAY PRASAD SINGH, SON OF LATE RAMANAND SINGH 3. KAMAKHYA NARAYAN SINGH, SON OF LATE LAXMI NARAYAN SINGH 4. RAM SWARATH SINGH, SON OF RAM CHARITRA SINGH 5. RAM PRAVESH SINGH, SON OF RAM CHARITRA SINGH 6. MAWAL KISHORE AZAD, SON OF LATE BHUSHAN SINGH 7. NARESH SINGH, SON OF LATE LILA SINGH ALL RESIDENTS OF VILLGE SUITHA, POLICE STATION PARSA, DISTRICT PATNA ………………………………………………………………………PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, RURAL WORKS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, PATNA 4. THE DEPUTY DEVELOPMENT COMMISSIONER, PATNA 5. THE DISTRICT LAND ACQUISITION OFFICER, PATNA 6. THE ENGINEER-IN-CHIEF, RURAL WORKS DEPARTMENT, VISHWASARIYA BHAWAN, PATNA 7. THE EXECUTIVE ENGINEER, PATNA DIVISION-I, RURAL WORKS DEPARTMENT, PATNA 8. THE ASSISTANT ENGINEER, PATNA DIVISION-I, RURAL WORKS DEPARTMENT, PATNA 9. THE BLOCK DEVEOPMENT OFFICER, PATNA SADAR, DISTRICT PATNA 10. THE ANCHAL ADHIKARI, FULWARISHARIF BLOCK, DISTRICT PATNA 11. PAWAN KUMAR, CONTRACTOR THROUGH THE EXECUTIVE ENGINEER, PATNA DIVISION –I, RURAL WORKS DEPARTMENT, PATNA ………………………………………………………………………….RESPONDENTS ********* 3 11/10/2010 The Assistant Engineer, Patna Division, Rural Works Department, the Block Development Officer, Patna Sadar, Patna, the Circle Officer, Fulwarisharif block, Patna and the Executive Engineer, Patna Division – I, Rural works Department should be aware of the fact that there is no provision for acquisition for construction of a road over the raiyati lands of the villagers without their 2 consent. The Prime Minister’s Rural Construction Scheme does not envisage that the raiyati lands of the citizen should be used for construction of the road, it requires that an existing road should be upgraded. In this writ application, the petitioners complain that land of the petitioners, as described in paragraph nos. 9 and 11 of this writ application, are being utilized for construction of the road, known as Tarwan-Saitha road. It is specifically submitted that no construction has been made as yet. This Court, therefore, directs that the authorities described aforesaid should restrain themselves from laying down the road or encroaching the lands of the petitioners without following the due process of law. In case, the lands of the petitioners are utilized for the purposes of extending the road, proper steps should be taken by the Executive Engineer, Patna Division, Rural Works Department and the Principal Secretary, Rural Works Department, Government of Bihar, Patna for providing the required funds either through the Central Government or through their own resources, to be paid to the petitioners by way of compensation. Learned Counsel refers to paragraph no. 7 of 3 the writ application in which it is stated that there are Government lands only ½ kms. away from the road, which has to be used for construction of the road according to the sanction plan. It is stated that some of the Government lands have been encroached which lie on the flanks of the canal and, therefore, the mud is being extracted from his lands. The authorities i.e. the District Magistrate, Patna will look into those aspects of the matter and if it is found that the Government lands are encroached, steps should be taken to remove the encroachment from the Government lands. Counsel for the petitioners may produce a copy of this order before the concerned authorities for acting in accordance with the observations made in this order. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )