IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14134 of 2011 Urmila Devi, wife of late Maheshwar Ram, resident of village Fakuli (Chakvir alias Madapur Gaus), Police Station Kurahani, District Muzaffarpur, at present resident of Village Gobarsahi, P.O. Khabra, Police Station Sadar (Muzaffarpur), District Muzaffarpur…… ……Petitioner Versus 1. The State Of Bihar, through the Collector, Muzaffarpur, 2. The Collector-cum-District Magistrate, Muzaffarpur, 3. The District Land Acquisition Officer, Muzaffarpur, 4. The Amin, Land Acquisition Office, Muzaffarpur, 5. The National Highway Authority of India, through the Project Director, N.H.A.I., Hazipur….. …..Respondents ----------- For the Petitioner : Mr. Subhash Chandra Bose, Mr. Prashant Vedasen, Advocates For the State : Mr. Ravindra Priyadarshi, Advocate For the N.H.A.I : Mr. Sunil Kumar, Advocate ……………….. 2 12.09.2011 Learned counsel for the petitioner is permitted to implead the National Highway Authority of India, through the Project Director, N.H.A.I., Hazipur as a party-respondent. Heard learned counsel for the petitioner, State and National Highway Authority of India. Petitioner is apprehending dispossession from 2 the land (Plot No.606) and the building standing thereupon by the respondent N.H.A.I for the purpose of widening of National Highway- 77 in Hazipur- Muzaffarpur Division. It has been submitted on behalf of the petitioner that though her land has not been included in the notification for acquisition, however, still there is a threat of dispossession. Learned counsel draws attention towards Annexure-6, which is a letter written by one Amin to the Land Acquisition Officer, Muzaffarpur, stating therein that the land and building of the petitioner comes under the area required for widening of the road, however, the aforesaid plot has not been shown in the notification. In above view of the matter, it appears that this writ application is pre-mature and the petitioner has filed this application only on account of apprehension. Law is well settled that the land and building of a person can be acquired for the public purpose only under a proper land acquisition proceeding and after following all the procedures laid down in the relevant law for such acquisition or with the consent of the parties. Learned counsel appearing for the N.H.A.I. 3 also submits that if the land of the petitioner would be needed for the purpose of widening of National Highway-77 then the proposal of the acquisition would follow in accordance with law. Learned counsel also contends that the possession of the land, if required, would only be taken either under the land acquisition proceeding following the due process of law or upon the consent of the petitioner after payment of compensation. Accordingly, this writ application is disposed of as being pre-mature. Sanjay-II ( Dr. Ravi Ranjan, J.)