IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.665 OF 2006 CHANDRADEO THAKUR, SON OF LATE KHUBLAL THAKUR, RESIDENT OF VILLAGE LAHLADPUR PATAHI, POLICE STATION SADAR, DISTRICT MUZAFFARPUR VERSUS 1. THE STATE OF BIHAR 2. THE SECRETARY, RURAL ENGINEERING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE SECRETARY, FINANCE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. THE DEPUTY DEVELOPMENT COMMISSIONER, MUZAFFARPUR 5. THE DISTRICT MAGISTRATE, MUZAFFARPUR 6. THE LAND ACQUISITION OFFICER, MUZAFFARPUR 7. THE BLOCK DEVELOPMENT OFFICER, MUSHARI BLOCK, MUZAFFARPUR 8. THE JUNIOR ENGINEER, MUSHARI BLOCK, MUZAFFARPUR 9. THE CIRCLE OFFICER, MUSHARI BLOCK, MUZAFFARPUR 10. THE MUKHIYA, MATHURAPUR GRAM PANCHAYAT, MUZAFFARPUR ********* 5 29/10/2010 The petitioner has filed this writ application making a complaint that his khatiyani land appertaining to khata no. 45, plot no. 254, area 19½ decimals have been utilized for the purposes of construction of a road. The petitioner protested by filing an application before the Officer-in-charge of the Sadar Police Station and also reported the matter to the Superintendent of Police, Muzaffarpur. The reports, I must say, were misplaced as these authorities having nothing to do with the construction of the road nor can they interfere with the work which was carried out by the Rural Engineering Department. The position is that in the district of 2 Muzaffarpur, the authorities concerned are utilizing the raiyati lands of the villagers to lay down road under the Pradhan Mantri Gramin Sarak Yojana or the Mukhya Mantri Gramin Sarak Yojana. Both these schemes do not have any provision for acquisition of lands as they envisage that an existing village road should be upgraded in the villagers. In the circumstances, the matter is referred to the Deputy Development Commissioner, Muzaffarpur who shall call upon the Circle Officer, Mushari block, Muzaffarpur and the Junior Engineer, Mushari Block, Muzaffarpur as well as the Contractor, be it the Mukhiya, who was responsible for actual construction of the road and thereafter fix the responsibility. If the petitioner’s lands have been utilized for construction of the village road, he would be entitled for payment of compensation and the Rural Engineering Department should at once release the funds for payment of compensation to the petitioner or ensure that the lands of the petitioner are returned to him. The petitioner would be at liberty to produce a copy of this order before the Deputy Development Commissioner, Muzaffarpur who shall dispose of the grievances of the petitioner within a period of three months from the date of receipt of a copy of this order. 3 This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )