Ashok Kumar and grand vs The Union of India and Others

Ajay Kr. Tripathi, J.—Heard learned counsel for the petitioner and learned counsel for the Union of India. 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.

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.

With the above position no relief can be granted. It is left open to the petitioner either to assert his right before the competent authority or not allow the road to be used by the villagers even though it has been constructed. This writ application stands disposed of.