IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16550 of 2009 1. NAND JEE RAI S/O LATE RAJMUNI RAI R/O VILL-BANAULI, P.S-NARAYANPUR, DISTT- BHOJPUR 2. RAMBAHADUR PATHAK S/O LATE RANJIT PATHAK R/O VILL- BANAULI, P.S- NARAYANPUR, DISTT- BHOJPUR 3. SARWANAND RAI S/O LATE BALESHWAR RAI R/O VILL- BANAULI, P.S- NARAYANPUR, DISTT- BHOJPUR 4. JAGDISH RAI S/O LATE BRAHMADATT RAI R/O VILL- BANAULI, P.S- NARAYANPUR, DISTT- BHOJPUR Versus 1. THE STATE OF BIHAR 2. THE SECRETARY LAND REVENUE AND REFOM GOVT. OF BIHAR, PATNA 3. THE PRINCIPAL SECRETARY RURAL DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 4. THE PRINCIPAL SECRETARY PUBLIC WORKS DEPARTMENT, GOVT. OF BIHAR, PATNA 5. THE COLLECTOR, BHOJPUR, DISTT- BHOJPUR 6. THE ADDL. COLLECTOR, BHOJPUR, DISTT- BHOJPUR 7. THE EXECUTIVE ENGINEER ROAD CONSTRUCTION WORKS DIVISION, ARA DISTT- BHOJPUR ----------- 2. 3.12.2010 Heard learned counsel for the petitioners an the State. The petitioners claiming to be marginal farmers are aggrieved by the proposal to utilize their agricultural lands for construction of road under the ‘Pradhan Mantry Gram Sarak Yojana’. It is submitted that the lands are their raiyati lands. If it is taken away they shall be left without a source of livelihood. Earlier construction of a road was started from the MLA funds and culverts also made. The same can well be utilized for completion of the road which belonged to the State Government. If Government lands are available there can 2 be no justification for utilizing the lands of the petitioner rendering them virtually without any source of livelihood and income as alleged. Counsel for the State submits that if the petitioners have represented to the District Magistrate, he may be directed to examine issue appropriately. No land of a citizen even for a development project can be utilized except with his consent or in accordance with law. If the petitioners did not agree, their lands can only be utilized after they are acquired in accordance with law and compensation paid. If they are proposed to be acquired it becomes a very relevant issue if contiguous Government lands are available for use specially when the petitioners claim that the lands are raiyati and are utilized by them for agricultural purposes. The petitioners also contend that an adjacent road construction started with the help of MLA funds is also available. Let the District Magistrate examine issue, grant representative hearing to the petitioners and dispose off their representation dated 17.9.2009 in accordance with law by a reasoned and speaking order. Needless to state that any construction made in the meantime or till disposal of the 3 representation shall be at the risk of the respondents themselves to abide by the final order that may be passed at the appropriate stage by the competent authority. Let such representation be disposed in the aforesaid manner within a maximum period of two months from the date of receipt/ production of a copy of this order before the District Magistrate. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)