RAMESHWAR RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Collector, Vaishali by order dated 19.5.2010 has rejected the application filed on behalf of the Petitioners in which they had made an objection that their lands which are sought to be acquired for the purposes of laying down a village road would render the Petitioners homeless. It is further submitted that the lands in question appertaining to plot No. 596, area about 5 decimals in Village-Amer under Bidupur Anchal in the district of Vaishali belongs to the father of Petitioners 1 and 2. The Circle Inspector and the Circle Officer, without making a local enquiry and without considering whether the acquisition of the lands of the Petitioners would be fruitful for the village and viable for the purpose of making a village road, have recommended for the acquisition of the Petitioners' lands. In a matter relating to acquisition, an enquiry with respect to laying down a village road, it is proper that the Circle Officer should make a spot verification in presence of the parties and the villagers so that such disputes do not arise. It would be proper for the Circle Officer to consider that the alignment of the road should be in a straight line so that the acquisition process does not unnecessarily displace the villagers, whose lands are to be acquired.

(2.) This writ application is allowed and the order dated 19.5.2010 passed by the Collector, Vaishali in Case No. 76 of 2007-08 is quashed with a direction to the Collector to order for a spot verification in presence of the parties affected by the District Land Acquisition Officer before disposing of the objection of the Petitioners.

(3.) It would be incumbent on the Petitioners to produce a copy of this order before the Collector, Vaishali within a period of four weeks on its receipt, who will pass appropriate orders in this matter.