Rajendra Prasad Singh vs The State of Bihar and Others

Sheema Ali Khan, J.—The Petitioner has filed this writ application with a complain that under the Prime Minister''s Rural Road Construction Scheme, the lands of the Petitioner, described at paragraph No. 5 ''of this application, have been utilized for laying down a village road by the Respondents authorities.

Under the Prime Minister''s Rural Road Construction Scheme, there is no provision of acquisition of lands. The Circle Officer, Rajpur, Buxar ought to examine in presence of the Petitioner, whether in fact there has been any encroachment on the lands of the Petitioner, while constructing the village road, within a period of three months from the date of receipt/production of a copy of this order before him.

If the Circle Officer finds that in fact the lands of the Petitioner has been utilized for construction of the village road without his written consent, a recommendation may be sent by the Circle Officer to the District Magistrate, Buxar for taking appropriate action for initiating acquisition proceedings. The authorities who are responsible for constructing the said village road should also be noticed and heard in the matter.

This problem of utilizing the raiyati lands of the villagers for development of the village road under the Prime Minister/Chief Minister Road Construction Scheme appears to be rampant in all the districts of Bihar. By making such encroachments, the State has to bear unnecessary cost of paying compensation. In case, it is found that there is an encroachment, it would also be open to the District Magistrate, Buxar to pass appropriate orders restoring the possession of the Petitioner over the lands, if he finds that payment of compensation is not possible.

This writ application is disposed of with the aforesaid observatipjis_and directions.