IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4378 of 2009 VIJAY SHANKAR PATHAK, SON OF LATE PT. PARASNATH PATHAK, R/O VILLAGE BHARKHAR, P.S. BRAHMPUR, DISTRICT BUXAR AT PRESENT RESIDING AT A-64 PLLICE COLONY, ANISABAD, PATNA, P.S. GARDANIBAGH, DISTRICT PATNA. Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, OLD SECRETARIAT PATNA-15. 2. THE DIRECTOR GENERAL CUM INSPECTOR GENERAL OF POLICE, BIHAR, PATNA. 3. THE EXECUTIVE ENGINEER, RURAL WORKS DEPARTMENT, BUXAR. 4. THE CHIEF ENGINEER, RURAL WORKS DEPARTMENT, BIHAR, PATNA. 5. THE DISTRICT MAGISTRATE, BUXAR. 6. THE SUPERINTENDENT OF POLICE, BUXAR. 7. BINOD MISHRA CONTRACTOR OF BHARKHAR RAHTHUAN ROAD S/O KAMLA MISHRA OF VILLAGE+ P.S. SIMRI DISTT. BUXAR, PRIME MINISTER GRAMIN SARAK YOJNA, P.S. BRAHMPUR, DISTRICT BUXAR, THROUGH EXECUTIVE ENGINEER, RURAL WORKS DEPARTMENT, BUXAR. ----------- 03. 12.01.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner is the raiyat of the lands detailed in his representation dated 4.12.2008 addressed to the Block Development Officer, Brahmpur, Buxar as also to the Chief Secretary, Bihar dated 8.12.2008, which is contained in Annexures-1/1 and 4 to this application. This writ application has been filed asserting that portion of the aforesaid lands have been encroached upon by the authorities for raising rural road over the same under Prime Minister’s Rural Road Scheme without either acquiring the same or taking consent of the petitioner. 3. By filing supplementary affidavit petitioner indicated the loss caused to him by forcibly raising the road over the lands in question. It is submitted on behalf 2 of the petitioner that 5,636 square feet of land has been taken for laying the road and 4708 square feet of land has been used for soil filling work by digging the land. It is also submitted that neem, mango trees of the petitioner has been felled and the water channel raised over the land has been uprooted. It has been specifically asserted that aforesaid laying of the road and digging of the soil from the lands of the petitioner is without his consent. 4. Counsel for the State has filed counter affidavit but has not disputed the aforesaid assertions of the petitioner. It is, however, submitted by the State counsel that petitioner may have given his consent for raising the road over his land as also for digging the soil from his land before the Gram Sabha but now he has chosen to turn around and has filed this writ petition praying inter alia that laying of the road and levelling of the land by digging soil from his land has been done without his consent. 5. Having heard counsel for the parties, it is deemed expedient to direct the petitioner to represent before the Collector, Buxar, who along with Circle Officer, Brahmpur should visit the spot in question and get the same measured and if there is no written consent of the petitioner for laying the road and digging soil from his land for levelling purposes as also for felling of neem, mango 3 tree as also for uprooting the water channel, the agency which laid the road be directed by the Collector, Buxar to restore the lands of the petitioner to its original shape as it was before laying of the road and digging of the soil for earth filling purposes. For loss of neem and mango tree(s), water channel the Collector should assess the quantum of loss and direct the agency to pay adequate compensation to the petitioner. Petitioner should place this order before the Collector along with his representation giving details of his land, which should be verified from the revenue records. Appropriate order after the measurement is taken of the lands in question be passed by the Collector directing the agency which has undertaken the aforesaid civil works without the consent of the petitioner to restore the lands of the petitioner as also to pay adequate compensation to him for loss of tree(s), as early as possible, in any case within three months from the date of measurement taken in compliance of this order. Measurement be taken in presence of the petitioner after fixing a date for the same. Petitioner is also directed to put his signature on the measurement report. 6. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)