IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11591 of 2009 PRABHANANDA KUMAR & ORS Versus THE STATE OF BIHAR & ORS ----------- 2 04.09.2009. Heard learned counsel for the parties. Petitioners have prayed for compensation along with interest for the land acquired by respondent-officials measuring 3 khatas 17 dhurs without following any process of law. The petitioners state that they are owners of Khata no. 85 and cadastral survey plot no. 2017 corresponding to RSP no. 2798 measuring 1 Khata 4 dhurs and CSP no. 2552 corresponding to RSP no. 2816 measuring 1 Khata 1 dhur and also Khata no. 285 RSP no. 2830 and 2832 and measuring an area 18 dhurs and 14 dhurs respectively. He submits that the aforesaid land is Homestead land situated in village Puitai, Anchal Manigachi, Darbhanga. He submits that under the NREP scheme the aforesaid land was acquired and used for construction of road without consent and without initiating land acquisition proceeding. The petitioner further submits that his land has been used since year 1994 without paying any compensation. They state that this Court vide order dated 4.3.2008, passed in C.W.J.C.No. 3728 of 2004 took strong view of the matter and directed that the petitioners (of that writ petition) would be entitled to the Additional compensation for being deprived of the land without payment of any compensation. After hearing counsel for the parties, this court disposes of the writ petition with direction to the Collector, Darbhanga to enquire - 2 - into the matter whether any portion of the land of the petitioners were used or acquired for constructing the road. It is expected that enquiry would be concluded within a period of three months from the date of receipt/production of a copy of this order. In case, he finds that the lands of petitioners have been used in road construction work, he would take steps for payment of compensation to them in terms of the section 11 of the Land Acquisition Act. If petitioners are not satisfied with the compensation, it will be open for them to make an application to the Collector, Darbhanga for referring the matter under section 18 of the Land Acquisition Act. Needless to state that Article 300A of the Constitution of India provides that property of individual cannot be acquired, save and except in accordance with the procedure of law. Shashi. (Samarendra Pratap Singh,J).