IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2941 of 2009 MADAN MOHAN LAL, SON OF LATE RADHA PRASAD LAL, RESIDENT OF VILLAGE AKORHI, P.S. KARGAHAR, DISTRICT ROHTAS. -------------------------------------------------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER, PATNA DIVISION, PATNA 3. THE COLLECTOR, ROHTAS AT SASARAM 4. THE BLOCK DEVELOPMENT OFFICER, KARGAHAR, ROHTAS. -------------------------------------------------RESPONDENTS ----------- 3 30.7.2010 The petitioner is aggrieved by the fact that the raiyati land of the petitioner is being utilized for construction of the road under the ‘Prime Minister Gramin Sadak Yojna’ from village Kargahar to Loknathpur via Akorhi. It is said that the petitioner is the land owner of 6.64 decimals of lands appertaining to Mauza Akorhi, Anchal Karghar, P.S. Karghar which has been described at paragraph 8. The Collector, Rohtas at Sasaram and the Block Development Officer, Kargahar, Rohtas are directed to enquire into the matter on a representation being filed on behalf of the petitioner within one month on receipt of this order. If the Collector, Rohtas at Sasaram and the Block Development Officer, Kargahar, Rohtas of the two Anchals find, that the land has been utilized for widening of the road without acquisition proceedings then steps should be 2 taken to institute a Land Acquisition Proceeding and pay compensation to the petitioner. The Collector will also examine the fact that ‘Prime Minister Gramin Sadak Yojna’ requires uplifting, strengthening and widening of the road. In case widening has been done then it would be essential for the Collector, Rohtas at Sasaram to institute a Land Acquisition Proceeding and make payment of compensation to the petitioner. The enquiry be conducted and concluded within a period of three months on receipt/production of a copy of this order by the Circle Officer/Block Development Officer as the case may be. The Collector should recommend and send a proposal to the Rural Development Department to provide funds for paying compensation by starting an acquisition proceeding, if the findings are in favour of the petitioner, within a period of two months after receiving the enquiry made in this regard. This writ application is disposed of with the aforesaid observations and directions. Sanjay ( Sheema Ali Khan, J.)