IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.13182 OF 2010 BISHNUDEO MAHTO, SON OF LATE MANGNI MAHTO, RESIDENT OF VILLAGE SARAI NANDE NAGAR, TAMURIA (KACHCHWA), POLICE STATION MADHEPUR, DISTRICT MADHUBAN ……………………………….PETITIONER. VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, MADHUBANI 3. THE CHIEF ENGINEER, RURAL WORK DEPARTMENT, BIHAR, PATNA 4. THE EXECUTIVE ENGINEER, RURAL WORK DEPARTMENT, JHANJHARPUR AT MADHUBANI 5. THE LAND ACQUISITION OFFICER, RURAL WORK DEPARTMENT, MADHUBANI 6. THE ASSISTANT ENGINEER, RURAL WORK DEPARTMENT, JHANJHARPUR, POLICE STATION JHANJHARPUR, DISTRICT MADHUBANI ……………………………………………………………………RESPONDENTS. ********* FOR THE PETITIONER :- MR. PRABHAS RANJAN, ADVOCATE MR. ASHOK KUMAR PRASAD, ADVOCATE FOR THE S T A T E :- MR. AJAY KUMAR SHARMA, AC TO AAG III ********* 2 13/08/2010 The petitioner is aggrieved by the fact that his lands without any acquisition proceedings are being utilized for construction of road under the Prime Minister Rural Road Scheme. It is said that 2 kathas 10 dhurs of land of plot no. 1937 and 1938 have already been utilized for the purpose of construction of the road. Presently, the lands appertaining to plot no. 1798 measuring 7 kathas and plot nos. 1937 and 1938 measuring 5 kathas 8 dhurs are sought to be utilized for the construction of the road without consent of the petitioner. The said lands are situated in the village Sarai Nande Nagar Tamuria (Kachchwa) in the district of Madhubani. The District Magistrate, Madhubani and the 2 Assistant Engineer, Rural Works Department, Jhanjharpur is required to examine the scheme and see whether it is permissible to utilize the raiyati lands of the villagers for the purposes of construction of the road under the scheme aforesaid. If the scheme does not envisage such acquisition, then it would be incumbent upon the Rural Works Department to provide funds for acquisition of the land and start a land acquisition proceeding and pay compensation for such acquisition. All these aspects must be examined by the aforesaid authorities within a period of two months from the date of receipt/production of a copy of this order. The Collector, Madhubani may also consider whether the utilization of raiyati lands without any proceedings and without any order of the competent authority is permissible and fix the responsibility of such acts. If in the event, it is found that the raiyati land of the petitioner have been utilized for the construction of the roads, the Collector, Madhubani may send a proposal for grant of funds for starting a acquisition proceedings to the Rural Works Department. The Chief Engineer, Rural Works Department, Bihar, Patna will take steps to provide the funds for the payment of compensation for the utilization of the lands of the petitioner for the 3 construction of the roads in the aforesaid village. This application is disposed of with the aforesaid directions. Anand ( Sheema Ali Khan, J. )