CHANDRIKA CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the concerned respondent either to remove the road constructed over the raiyati land of the petitioners or to pay compensation to them as per the prevailing market rate for utilizing the same without lawful acquisition.

(2.) Heard learned counsel for the parties and perused the materials available on record.

(3.) Learned counsel for the petitioners submits that the petitioners have the lawful right and title over the land appertaining to Plot No.987, Khata No.7, measuring an area of 30 decimals and Plot No.986, Khata No.11, measuring an area of 1.65 acres both under Mouza- Sangrahe Kalan, Thana No.265. Despite that, the respondent authorities have constructed a public road utilizing part of the said land i.e. 2 decimals and 3 decimals respectively. Since the said road was constructed without lawfully acquiring the land in question, respondent authorities should either remove the road from the said land or to pay suitable compensation to the petitioners as per law.