IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3945 of 2009 1. BANARAS SINGH, SON OF LATE RAM SWAROOP SINGH 2. BARHO YADAV, SON OF LATE GANAURI YADAV 3. ARJUN YADAV, SON OF SRI LAKHAN YADAV 4. UMESH SINGH, SON OF LATE SHEO SINGH 5. LALO SAO, SON OF LATE BHAGWAN SAO ALL RESIDENTS OF VILLAGE + P.O. MASAURHA, P.S. NARDIGANJ, DISTRICT NAWADAH 6. SARYU CHAUHAN, SON OF LATE GANGO CHAUHAN, RESIDENT OF VILLAGE JORABAR BIGHA, P.O. MASAURHA, P.S. BARDIGANJ, DISTRICT NAWADAH. ------------------------------------------------------- PETITIONERS Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY RURAL WORKS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE DISTRICT MAGISTRATE, NAWADAH 3. THE ENGINEER-IN-CHIEF-CUM-SECRETARY, BIHAR RURAL DEVELOPMENT AGENCY, RURAL WORKS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE EXECUTIVE ENGINEER, RURAL WORKS DIVISION, NAWADAH 5. THE ASSISTANT ENGINEER, RURAL WORKS SUB-DIVISION, NAWADAH ------------------------------------------------------- RESPONDENTS ********* 4 30.7.2010 By order dated 1.4.2009 this Court passed the following order: “Status quo as existing today shall be maintained, so far the construction of road under Prime Minister Gramin Sarak Yojna relates at village Masaurha-Rajaur Road.” A tender was floated for construction of several roads under the Prime Minister Gramin Sarak Yojna by the Engineer-in-Chief-Cum- Secretary, Bihar Rural Development Agency, Rural Works Department, Government of Bihar, Patna. The petitioners’ grievance is that a water body in village Masaurha, Khata No. 505, Plot No. 3836 measuring 14 decimals which is responsible for irrigation of several acres of 2 land is also being utilized for widening of the road under the Prime Minister Gramin Sarak Yojna. Apart from which, lands of Khata No. 3, Plot No. 3834 belonging to Mathura Manjhi, Banbari Manjhi, Khata No. 90, Plot No. 3840 measuring 11 decimals belonging to Badho Yadav, Khata No. 186, Plot No. 3841 measuring 11 decimals belonging to Lakhan Yadav, Khata No. 148, Plot No. 3842 measuring 15 decimals belonging to Umesh Singh, Khata No. 114, Plot No. 3844 measuring 28 decimals belonging to Lalo Sao and Khata No. 296, Plot No. 2979 measuring 1 decimals belonging to Banaras Singh are being utilized by the Rural Development Department for constructing/widening the existing road. The Collector of the district and the Executive Engineer, Rural Works Department, Nawada shall enquire into the matter and examine the scheme and feasibility under the scheme of acquiring the lands in question. No counter affidavit has been filed despite the stay order. Perhaps the scheme does not envisage and provide for funds for acquisition of the land. In the circumstances, the authorities aforesaid should make proper enquiry and 3 consider the feasibility of acquiring lands of the aforesaid plots with respect to construction or widening of the road. The authority would also consider whether it would be feasible and proper to acquire land on which the water body is situated. These aspects of the matter should be decided by the Collector and the Executive Engineer, Rural Works Division, Nawada within a period of two months. The petitioners would be at liberty to make a representation before the Collector regarding these aspects of the matter. If it is found that some land is necessary for the purpose of maintaining, uplifting or widening of the existing village roads then the Collector should recommend to the Rural Development Department for provision of funds for acquisition of lands to the Rural Development Department. It would not be proper to widen the roads without the sanction of funds to pay compensation to the villagers, whose lands would be utilized/required for the said widening. This writ application is disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)