IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5183 of 2009 SAGAR MOHAN CHAUDHARY …..Petitioner Versus THE STATE OF BIHAR & ORS …..Respondents. ----------- 3 24.4.2009 The main contention of the petitioner is that when a road is being constructed under the PradhanMantri Sarak Nirman Yojna though no private land without land acquisition proceeding can be taken over. Hence they may be restrained from making any construction of the Road. It is further contended that petitioner filed a representation before the Collector Jamui but no action has been taken so far. Further contention of the petitioner is that he also filed an application before the Sub divisional Officer on which he asked the Circle officer to report. The Circle officer had reported that khatiyani land of the petitioner is being taken for construction of the road. It is stated on behalf of the petitioner that compensation for the land in question has not been paid to him. In view of the submission made above, we direct the respondent no.2 to see that if the Govt. want to construct a road through private land they should acquire the same private land on payment of compensation after complying the procedure set out in the Land Acquisition Act. State or Public authority cannot act as tress passers. Right to property is still a Constitutional right. The respondent no.2, is directed to see that no private land is taken for construction of the road without payment of compensation following the procedure as provided in law, unless the party consent in writing. - 2 - The application is disposed of with the above observations and directions. (J.B. Koshy, CJ) (Dr. Ravi Ranjan, J) Rahman/