IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2974 of 2010 1. HARI DEV NARAIN SINGH ALIAS LAL NARAIN SINGH S/O LATE JUGESHWAR NARAIN PRASAD SINGH R/O VILL AND PO- SAMYAGARH, P.S- GHOSWARI AND DISTT- PATNA 2. CHANDESHWAR PRASAD S/O LATE JUGESHWAR NARAIN PRASAD SINGH R/O VILL AND PO- SAMYAGARH, P.S- GHOSWARI, AND DISTT- PATNA 3. PAPPU KUMAR S/O SARJU PRASAD SHARMA R/O VILL AND P.O- SAMYAGARH, P.S- GHOSWARI, AND DISTT- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, RURAL DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 2. CHIEF ENGINEER, RURAL DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 3. SUPERINTENDING ENGIEER, RURAL DEVELOPMENT DEPARTMENT, CIRCLE-PATNA, GOVT. OF BIHAR, PATNA 4. EXECUTIVE ENGINEER, RURAL DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA 5. DISTRICT MAGISTRATE, PATNA 6. BLOCK DEVELOPMENT OFFICER, GHOSWARI BLOCK, MOKAMA, DISTT- PATNA 7. ASSISTANT ENGINEER, RURAL ENGINEERING ORGANISATION, SUB DIVISION,- MOKAMA, DISTT- PATNA ----------- 2 27.4.2010 Petitioners are the residents of village Samyagarh, P.S. Ghoswari, District-Patna. Along boundary there land runs a public road. Recently for widening of the said road some contract has been given to a contractor. For the purpose of widening, substantial quantity of earth was required . Petitioners’ lands being nearest , the contractor being the agent of the State, without any notice, without any permission and without any consent trespassed on petitioners’ lands and excavated earth there-from. Petitioners have two grievances . Firstly that no person can enter upon their lands without their consents and the State is duty bound to take such steps so as to prevent damage of the property. - 2 - Secondly for earth excavation from petitioners’ lands , they are entitled to just compensation on the principle as contained in Section 35 of the Land Acquisition Act. Having heard the parties and with their consents this application is being disposed of at this stage itself. Undisputedly, neither the petitioners were noticed nor any proceeding for acquisition of land was initiated nor petitioners’ approval was taken but the State authority permitted their agents to excavate petitioners’ agricultural land and remove earth there-from for being used for widening the road. This is clear a very high handed attitude of the State, which is impermissible in law. No one can trespass upon land of another either without authority or without permission. Thus, the very enter of the State on petitioners’ lands was illegal and without jurisdiction. State is an instrumentality and agents are prohibited from entering upon the petitioners’ land in accordance with law. Secondly the act of removing soil from land of raiyat amounts to temporary acquisition of and for which State is bound to grant compensation, as provided under section 35 of the Land Acquisition Act. Petitioners have made representation to the Collector in this regard but the Collector appears to have slept over the matter. Having heard the parties, in my view, it is a fit case in which I direct that no person shall trespass on petitioners’ lands without consent of the petitioners and for the trespass already committed in the manner, as indicate above, petitioners would be entitled to - 3 - compensation even though petitioners have already filed application/representation before the concerned Collector claiming compensation. If the petitioners file appropriate application once again along with a copy of this order, the Collector would consider and dispose of the matter after due enquiry and award just compensation as is payable under the circumstances. The aforesaid exercise has to be completed within six months from the date of filing application and the responsibility of which is on the Collector of Patna. With the aforesaid observations and directions, the writ petition stands disposed of. singh (Navaniti Prasad Singh,J)