ASHOK KUMAR S/O LATE JAI KUMAR SINGH & GRAND SON OF LATE LAL BAHADUR SINGH Vs. UNION OF INDIA THROUGH SECY., RURAL DEVELOPMENT DEPARTMENT, GOVT.OF INDIA NEW DELHI

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the Union of India.

(2.) IT emerges from the pleadings to the writ application, based on the counter affidavit which has been filed on behalf of the District Magistrate, Patna sworn by Circle Officer. Bihta that a measurement was carried out on representation dated 18.3.2008 on about 37 decimals of lands relating to Khata No. 275, Plot No. 891, Tauzi No. 2965 and about 29 decimals of petitioner 's land has been used for construction of road under the scheme what is known as Pradhan Mantri Gramin Sadak Yojana. To that extent this fact is not disputed. Submission of learned counsel for the petitioner is that he has no objection to the road being constructed but he should be duly compensated because a raiyati land cannot be taken over by the Government in such a fashion.

(3.) LEARNED counsel for the State informs the Court that construction of the road in the villages under the said Scheme is made on the basis of voluntary surrender or giving up of lands by the villagers for better means of communication to the villages. In that view of the matter, there is no question of grant of any compensation.