IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13586 of 2010 1. DR. MD. NURUL HAQUE KHAN S/O LATE SADDIQUE KHAN R/O VILL.- CHAKAWA, P.O. CHAKAI, P.S.- DHANGAIN (JAGDISHPUR), DISTT.- BHOJPUR…………….…….PETITIONER Versus 1. THE STATE OF BIHAR 2. SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT, GOVT. OF BIHAR 3. DISTRICT MAGISTRATE, BHOJPUR AT ARA 4. DEPUTY DEVELOPMENT COMMISSIONER, BHOJPUR (ARA) 5. SUB-DIVISIONAL MAGISTRATE, JAGDISHPUR, DISTT.- BHOJPUR 6. NATIONAL PROJECTS CONSTRUCTION CORPORATION LTD. THROUGH ITS ZONAL MANAGER, 15, I.A.S. COLONY, KIDWAIPURI, PATNA-1 …………………….……RESPONDETNS ----------- 08/ 10-Dec-2010 Heard the parties. 2. The petitioner has preferred this writ petition as a public interest litigation seeking direction upon the respondents to complete a road under Prime Minister Gramin Sadak Yojna in accordance with sanctioned length and width after removal of encroachment by some unauthorized persons. The name of the road appears to be PWD road to Chakwa Jagdishpur within Bhojpur District. Petitioner’s contention is that during construction of the road from village-Chakwa the required width of 25-30 ft. was available but at the other end near PWD road for about 400 Metres the width available is only 8-10 ft. because some persons have 2 made encroachment upon road land unauthorizedly. According to counter affidavit 16 to 19 ft. of Government land for road can be made available after removal of encroachment but for achieving the required width of 25 to 30 ft. some land belonging to private persons will have to be acquired. From the report of the Anchal Amin and letter of Anchal Adhikari, Jagdishpur addressed to Sub-Divisional Officer, Jagdishpur, it appears that the option is now with the Government whether to construct the road on the available Government land which will have width of 16 to 19 ft. or to acquire further land for achieving required width as per sanctioned plan. 3. The State Government is required to take a decision in the matter expeditiously preferably within four months. It goes without saying that if the State Government takes decision to acquire the land it should be under emergency procedure, because it involves construction of road. In case, the decision to acquire the land and construct the road as per specified and sanctioned width is not taken and implemented by construction of road within six months, in that event, the 3 road should be completed with a width of 16 to 19 ft. covering the entire Government land which is presently available so that the construction of the road is not delayed beyond six months. 4. In this matter the required action should be initiated and taken by District Magistrate, Bhojpur, Respondent No.3 and the Secretary, Department of Rural Development, Government of Bihar within the specified time. 5. The writ petition is disposed of with the above direction. perwez (Shiva Kirti Singh, J.) (Dr. Ravi Ranjan, J.)