NARENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Assistant Engineer, Patna Division, Rural Works Department, the Block Development Officer, Patna Sadar, Patna, the Circle Officer, Fulwarisharif Block, Patna and the Executive Engineer, Patna Division-I, Rural Works Department should be aware of the fact that there is no provision for acquisition for construction of a road over the raiyati lands of the villagers without their consent. The Prime Minister's Rural Construction Scheme does not envisage that the raiyati lands of the citizen should be used for construction of the road, it requires that an existing road should be upgraded.

(2.) In this writ application, the Petitioners complain that land of the Petitioners, as described in paragraph Nos. 9 and 11 of this writ application, are being utilized for construction of the road, known as Tarwan-Saitha Road. It is specifically submitted that no construction has been made as yet.

(3.) This Court, therefore, directs that the authorities described aforesaid should restrain themselves from laying down the road or encroaching the lands of the Petitioners without following the due process of law.