IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.12323 OF 2010 SATENDRA KUMAR SINGH, SONOF LATE RAMAKANT PRASAD SINGH, RESIDENT OF VILLAGE CHAUKI, POLICE STATION SAHEBPUR KAMAL, DISTRICT BEGUSARAI ……………………………………………PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRTE –CUM- COLLECTOR, BEGUSARAI 3. THE ADDITIONAL COLLECTOR, BEGUSARAI 4. THE SUB DIVISIONAL MAGISTRATE, BALIA, DISTRICT BEGUSARAI 5. THE DISTRICT LAND ACQUISITION OFFICER, BEGUSARAI 6. THE CIRCLE OFFICER, SAHEBPUR KAMAL, DISTRICT BEGUSARAI 7. THE MEMBER OF THE PANCHAYAT SAMITI OF RAJ CHAUKI SADHPUR GRAM PANCHAYAT, ANCHAL SAHEBPUR KAMAL, DISTRICT BEGUSARAI 8. THE MUKHIYA, RAJ SADHPUR GRAM PANCHAYAST, ANCHAL SAHEBPUR KAMAL, DISTRICT BEGUSARAI 9. THE SARPANCH, RAJ SADHPUR GRAM PANCHAYAST, ANCHAL SAHEBPUR KAMAL, DISTRICT BEGUSARAI …………………………………………………………………………..RESPONDENTS. ******* 2 04/08/2010 The petitioner complains that under the NAREGA scheme, the Mukhiya of Raj Sadhpur Gram Panchayat in Sahebpur Kamal Anchal within the district of Begusarai has captured his lands appertaining to khata no. 261, plot no. 2480, measuring 4 kathas 10 dhurs for the purpose of construction of the road. The petitioner made complaint to the Circle Officer, Sahebpur Kamal Circle and the Sub Divisional Magistrate, Balia by filing representations dated 28.06.2010 and 12.07.2010 respectively. The authorities did not pay heed to the complaint of the petitioner, as a result of which it is submitted that he has been deprived of his raiyati ancestral lands. The Sub Divisional Officer, 2 Balia and the Circle Officer, Sahebpur Kamal of Begusarai district are directed to make spot verification and confirm the fact as to whether the lands of the petitioner have been utilized for construction of the road. The spot verification should be done after notice to the petitioner as well as the Mukhiya of Raj Sadhpur Gram Panchayat. The Collector, Begusarai should also be apprised of this fact. The report may be sent to the Collector, Begusarai within a period of two months from the date of receipt/production of a copy of this order. The Collector will take appropriate actions such as grant of compensation to the petitioner, lodging of the First Information Report or whatever is necessary in order to mitigate the loss caused to the petitioner. This Court has noticed that in every Gram Panchayats under the NAREGA Scheme or under the PMGSY, the Mukhiya or the R.E.O. have utilized the raiyati lands of the villagers for construction of the road. In both the schemes, there is no provision for acquisition of land, the result is that the persons aggrieved have been approaching this Court by filing writ applications. The action of the Mukhiya and the other authorities, In- charge of such work is unnecessarily putting the financial burden on the exchequer of the State of Bihar as obviously if lands are being utilized for the 3 construction of road, compensation has to be given to such persons. I, therefore, order that the Collector of all the districts of Bihar should be apprised of this fact in order to avoid any further grievances on this score. Let a copy of this order be supplied to Mr. Lalit Kishore, Additional Advocate General No. III to be communicated to al the Collectors within the shortest possible time with a covering letter indicating that the responsibility for such action may be fixed by the State Government if the allegations are found to be true. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )