SATENDRA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner complains that under the NAREGA scheme, the Mukhiya of Raj Sadhpur Gram Panchayat in Sahebpur Kamal Anchal within the district of Begusarai has captured his lands appertaining to khata no. 261, plot no. 2480, measuring 4 kathas 10 dhurs for the purpose of construction of the road.

(2.) The petitioner made complaint to the Circle Officer, Sahebpur Kamal Circle and the Sub Divisional Magistrate, Balia by filing representations dated 28.06.2010 and 12.07.2010 respectively. The authorities did not pay heed to the complaint of the petitioner, as a result of which it is submitted that he has been deprived of his raiyati ancestral lands. The Sub Divisional Officer, Balia and the Circle Officer, Sahebpur Kamal of Begusarai district are directed to make spot verification and confirm the fact as to whether the lands of the petitioner have been utilized for construction of the road. The spot verification should be done after notice to the petitioner as well as the Mukhiya of Raj Sadhpur Gram Panchayat. The Collector, Begusarai should also be apprised of this fact. The report may be sent to the Collector, Begusarai within a period of two months from the date of receipt/production of a copy of this order. The Collector will take appropriate actions such as grant of compensation to the petitioner, lodging of the First Information Report or whatever is necessary in order to mitigate the loss caused to the petitioner.

(3.) This Court has noticed that in every Gram Panchayats under the NAREGA Scheme or under the PMGSY, the Mukhiya or the R.E.O. have utilized the raiyati lands of the villagers for construction of the road. In both the schemes, there is no provision for acquisition of land, the result is that the persons aggrieved have been approaching this Court by filing writ applications. The action of the Mukhiya and the other authorities, In-charge of such work is unnecessarily putting the financial burden on the exchequer of the State of Bihar as obviously if lands are being utilized for the construction of road, compensation has to be given to such persons.