IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.447 OF 2009 1. BALKESHWAR SINGH 2. RAMASHRAY SINGH BOTH SONS OF LATE RAMJAG SINGH, RESIDENT OF VILLAGE RAMGARH, POST OFFICE MAMREJPUR, POLICE STATION CHENARI, DISTRICT ROHTAS ……………………………………………………………………….PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE PRINCIPAL SECRETARY, DEPARTMENT OF DISASTROUS MANAGEMENT, GOVERNMENT OF BIHAR, PATNA 4. THE COMMISSIONER, PATNA DIVISION, PATNA 5. THE DISTRICT MAGISTRATE, ROHTAS AT SASARAM 6. THE DISTRICT LAND ACQUISITION OFFICER, ROHTAS AT SASARAM 7. THE SUB DIVISIONAL OFFICER, SASARAM SUB DIVISION, SASARAM, ROHTAS 8. THE CIRCLE OFFICER, CHENARI, ROHTAS 9. THE BLOCK DEVELOPMENT OFFICER, CHENARI BLOCK, CHENARI, ROHTAS 10. THE SECRETARY, RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF INDIA, NEW DELHI ……………………………………………………………………………RESPONDENTS ******** 2 30/07/2010 A road is being constructed from the block headquarter, Chenari to village Sadokhar through village Chandrapura which passes through the village Ramgarh. The said project under the PRADHAN MANTRI GRAMIN SARAK YOJANA (PMGSY) started in the year 1994-95. The petitioners protested with respect to the widening of the road as it involves the acquisition of their raiyati lands. The Block Development Officer, Chenari stopped the work and later on, allegedly promised that the petitioners would be given compensation for the said 2 acquisition. The lands of the petitioners which are affected are situated in village Ramgarh, khata no. 94, plot nos. 25 and 52, measuring 62½ decimals i.e. 25 feet wide and 1300 feet long. The Collector, Rohtas and the Block Development Officer, Chenari are directed to enquire into the matter and if it is found that the lands of the petitioners have been utilized for construction of the road, the Collector will take steps to initiate a land acquisition proceeding and pay compensation to the petitioners. Counsel for the State, on the other hand, submits that the PMGSY does not envisage widening of the roads, rather it envisages strengthening of the existing roads. This aspect of the matter should also be considered by the authorities concerned and if it is found that the lands of the private persons are being utilized for widening of the roads, then it can only be done through acquisition of the lands or with the consent of the persons to whom the lands belong. The petitioners are directed to file application along with a copy of this order before the Collector, Rohtas and the Block Development Officer, Chenari within a period of one month from the date of receipt of 3 the order and the Collector, Rohtas and the Block Development Officer, Chenari are required to enquire into the matter and pass appropriate orders within a period of two months thereafter. If it is found that the lands are required for widening of the roads, then the Collector should send a proposal for initiation of a land acquisition proceeding within a period of one month thereafter. The Rural Development Department will be required to provide funds for paying compensation for utilizing the lands belonging to the villagers through which the road is to pass. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )