IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10832 of 2008 RAMESHWAR PASWAN & ORS Versus THE STATE OF BIHAR & ORS ----------- 8 13.10.2009 It would appear from the declaration made under section 6 of the Land Acquisition Act that plot nos.7891, 7892, 7893, 7894, 7899, 7900, 7901, 7902, 7903,7862, 7334, 7335, 7336, 7337, 7348, 7351, 7344 and 7345 of Mauza Maladh, Tola Shivpuri, Thana No.81/1, P.S. Kishanpur, District Supaul measuring an area of 30 decimals have been acquired. The land is bounded by North- Khesra no.7911, South-Kheshra No.7333, East-Kheshra Nos.7902, 7903, 7899, 7892, 7893,7894, 7337, 7336, 7336, 7335 and 7334 and West- Kheshra nos.7901, 7900, 7862, 7891, 7344, 7348and 7351. A counter affidavit has been filed on behalf of the State wherein in paragraph 7 it has been stated that not even a single roof of any dwelling house of any person is to be affected in execution of the proposed link road. The grievance of petitioner no.1 is that though plot no.7911 is not under acquisition, the same may be acquired by the respondent authorities. Counsel for the respondent authorities state that the aforesaid land is Gair Mazarua Aam land and therefore the question of acquiring does not arise. In case if any dispute arises in respect of the aforesaid land, it would be open to petitioner no.1 to file his objection. 2 KHAN A counter affidavit has been filed on behalf of respondent no.7 wherein it has been stated that out of 30 decimals of land belonging to 26 persons, 10 decimals of land belongs to respondent no.7 and he has no objection to acquisition. It is further stated that out of 30 decimals of land which has been acquired, about 18 decimals of land belongs to 12 persons who have already received their compensation. The rest 12 decimals of land which have been acquired belongs to 14 persons who have not received their compensation. It is further stated that out of 14 remaining persons, two persons who were holder of 4 decimals of land, died prior to fixation of compensation. In view of the statement made in paragraph 7 of the counter affidavit, this writ petition is disposed of with an observation that the respondent authorities may continue construction of road strictly in terms of the averments made therein. In case any of the parties is aggrieved, it may file appropriate application before the authorities concerned which may be duly considered and disposed of in accordance with law. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)