BISHNUDEO MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) 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 Nos. 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.

(2.) The District Magistrate, Madhubani and the 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.

(3.) 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.