IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4775 of 2011 1. DEO SINGAR SINGH S/O LATE KARU SINGH 2. RAM BADAN SINGH S/O LATE KARU SINGH 3. SADANAND SINGH S/O LATE KARU SINGH 4. CHANDRA SHEKHAR SINGH S/O LATE RAM SINGAR SINGH 5. SHIV NARAYAN SINGH S/O LATE CHANDRAHAS SINGH 6. DHARMDEO SINGH S/O LATE SIYA RAM SINGH 7. TRIBENI SINGH S/O LATE MURAT SINGH ALL R/O VILL. AKAUNA P.O. & P.S. PUNPUN DIST. PATNA. --- PETITIONERS Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY ROAD CONSTRUCTION DEPT. GOVT OF BIHAR, NIRMAN BHAWAN PATNA 2. THE PRINCIPAL SECRETARY ROAD CONSTRUCTION DEPT. GOVT. OF BIHAR PATNA 3. THE COLLECTOR, PATNA 4. THE DISTRICT LAND ACQUISITION OFFICER, PATNA 5. THE BIHAR STATE ROAD DEVELOPMENT CORPORATION LTD. R.C.D. WORKSHOP CAMPUS, NEAR PATNA AIRPORT, SHEKHPURA, PATNA 14 THROUGH ITS MANAGING DIRECTOR 6. THE GENERAL PROJECT MANAGER, B.S.R.D.C. LTD. PATNA 7. THE DEPUTY GENERAL MANAGER ( PROJECT IMPLEMENTATION UNIT) B.S.R.D.C. LTD. PATNA 8. THE CHIEF ENGINEER, R.C.D. ( SOUTH BIHAR) PATNA 9. THE SUPERINTENDING ENGINEER, R.C.D. PATNA 10. THE EXECUTIVE ENGINEER, ROAD CONSTRUCTION DIVISION PATNA ---- RESPONDENTS. For the petitioners : Mr. Uday Kumar, Advocate For the State : Mr. R.B.Mahto, Sr. Advocate, A.G. ----------- 02 14.03.2011 Heard both sides. Petitioners have approached this Court raising a grievance that the respondent authorities are taking steps to change the alignment of the State Highway no. 78 and thereby to divert the said road through the plots owned by the petitioners. It is stand of the petitioners that some of the raiyats on whose lands the road is now proposed to be constructed are small raiyats. 2 Grievance of the petitioners can be seen from the averments made in paragraph nos. 6 and 7 which read as under:- “6. That in the year 2008 the state Govt. decided to construct a State Highway known as Bihta- Sarmera Road (S.H.-78). A foundation stone was laid by the Hon‟ble Chief Minister Mr. Nitish Kumar in April 2010. As per the original map/alignment the road was to be constructed on the existing embankment cum road passing through Dumari to Beldari chak connecting Patna Gaya road and if the pucca road is constructed on the existing road lesser land will be required for constructing the road and the Engineers had prepared the road maps keeping in that view of the matter. 7. That it is learnt that the authorities in the B.S.R.C.D.C. Ltd. Proposed that if the road is constructed as per the purposed recommendation made by the farmer lesser land will be required which will be beneficial for the farmers and the state as lesser compensation will have to be paid and lesser agricultural land will fall in road. This fact will come to light if original record is called for from the respondents.” It is further stated in the petition that only the markings have been made on their plots. It is also averred that no notification in terms of Section 4 of the Land Acquisition Act (hereinafter referred to as the „Act‟) has till date been issued. It appears from the averments made in paragraph no.10 that they have already represented the matter before the respondent no.6, ventilating their grievances. Learned Advocate General, appearing on behalf of the respondents, submits that the present application seems to be premature as from their own showing no notification in terms of Section 4 of the Act has till date been issued. 3 Having heard the parties and after going through the materials on record, this Court is in agreement with the submissions made on behalf of the learned Advocate General. While not interfering in the matter, this Court disposes of this application permitting the petitioners to file a fresh representation before respondent no.6 (the General Project Manager, B.S.R.D.C. Ltd. Patna) along with a copy of the present order within 04 weeks. If such representation/application is filed in the aforesaid manner, this Court expects that the said respondent shall consider and dispose of the same in accordance with law within a reasonable time. Sym/ ( Kishore K. Mandal, J.)