IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18001 of 2008 ASHOK KUMAR S/O LATE JAI KUMAR SINGH & GRAND SON OF LATE LAL BAHADUR SINGH R/O VILLAGE+ PO-BINDBUL PS- BIHTA DISTT- PATNA, PRESENT MOHALLA S.K.NAGAR PLOT NO. 77, ROAD NO.21 P0 GPO,PATNA, PS- BUDHA COLONY, DISTT. PATNA, -------- PETITIOHER Versus 1. THE UNION OF INDIA THROUGH SECY RURAL DEVELOPMEMNT DEPARTMENT, GOVT. OF INDIA, NEW DELHI. 2. SENIOR EXECUTIVE ENGINEER-CUM-PROJECT MANAGER NPCCT LTD P.M.G.S.Y. WORKS 15 IAS COLONY 1ST FLOORA KIDWAIPURI, PATNA 3. ZONAL MANAGER,NPCC LTD PMGSY, WORKS 14 IAS COLONY 1ST FLOOR KIDWAIPUR, PATNA 4. ASSTT. EXECUTIVE ENGINEER NPCC LTD. PMGSY, WORKS 15 IAS COLONY, KEDWARIPURI, PATNA 5. CHAIRMAN CUM MANAGING DIRECTOR NPCC LTD. PMGSY WORKS (ZONE- PATNA) 30-31 RAJA HOUSE, NEHRU PLACE NEW DELHI 6. DIRECTOR CIVIL, NPCC LTD. PMGS WORKS (Zone Patna) 30-31 RAJA HOUSE,NEHRU PLACE, NEW DELHI 7. STATE OF BIHAR THROUGH DISTRICT MAGISTRATE, PATNA-- ---------------------------RESPONDENTS ----------- For the petitioner: Mr. Sriniwash Singh, Advocate For NPCC.(Respondent No.2): Mr. Arun Kumar,Advocate For the State: Mr. A.C. to AAG-4 For the Union of India: Mr.S.K.Jha, Advocate ---------- 6 31.7.2009 Heard learned counsel for the petitioner and learned counsel for the Union of India. It emerges from the pleadings to the writ application, based on the counter affidavit which has been filed on behalf of the District Magistrate, Patna sworn by Circle Officer, Bihta that a measurement was carried out on representation dated 18.3.2008 on about 37 decimals of lands relating to Khata No. 275, Plot No. 891, Tauzi No. 2965 and about 29 decimals of petitioner’s land has been used for construction of road under the scheme what is known as Pradhan Mantri Gramin Sadak Yojana. To that extent this fact is not disputed. Submission of learned counsel for the petitioner is that he has no objection to the road being constructed but he - 2 - should be duly compensated because a raiyati land cannot be taken over by the Government in such a fashion. Learned counsel for the State informs the Court that construction of the road in the villages under the said Scheme is made on the basis of voluntary surrender or giving up of lands by the villagers for better means of communication to the villages. In that view the matter, there is no question of grant of any compensation. With the above position no relief can be granted. It is left open to the petitioner either to assert his right before the competent authority or not allow the road to be used by the villagers even though it has been constructed. This writ application stands disposed of. RPS (Ajay Kumar Tripathi,J.)