Patna High Court - Orders
Arbind Kumar And Ors vs The State Of Bihar And Ors on 11 February, 2019
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12620 of 2017
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1. Arbind Kumar, son of Karu Prasad,
2. Dev Nandan Prasad, son of Late Munshi Mahto,
3. Arjun Prasad @ Chamari Mahto, son of Late Bhikshuk Mahto,
4. Sundari Devi, wife of Arjun Prasad @ Chamari Mahto,
All Resident of Village- Bataura, P.O. Dih Kusumbha, P.S. Korma, District-
Sheikhpura.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Director, Land Acquisition, Government of Bihar, Patna Bihar.
3. The Collector, Sheikhpura.
4. The Collector, Lakhisarai.
5. The District Land Acquisition Officer, Sheikhpura.
6. The District Land Acquisition Officer, Lakhisarai.
7. The Circle Officer, Ghat Kusumbha, Sheikhpura.
8. The Executive Engineer, Road Construction Department, Lakhisarai.
9. The Superintendent of Police, Sheikhpura.
10. The Superintendent of Police, Lakhisarai.
11. The Progressive Construction Ltd. Raghav Ratna Tower, 7th Floor, North
Bench, Abids, Hyderabad, Telangana presently situated at Sheikhpura, P.O. &
P.S. in the district of Sheikhpura.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 13845 of 2017
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1. Parmanand Mahto, Son of Late Brahmdeo Mahto,
2. Ram Charitar Mahto, Son of Late Mebi Mahto,
3. Ram Nandan Mahto, Son of Late Mebi Mahto,
All resident of Village- Sahra, P.O.- Mafi, P.S.- Korma, District- Shekhpura.
4. Kunti Devi, Wife of Late Sitaram Mahto, resident of Village- Sahra, P.O.-
Mafi, P.S.- Korma, District- Shekhpura. At present residing at Village-
Chakdah, P.S.- Ghoswari, District- Patna.
5. Sita Devi, Wife of Sri Kaushlendra Mahto, Resident of Village- Sahra, P.O.-
Mafi, P.S.- Korma, District- Shekhpura.
6. Mahendra Sahani, Son of Sri Meba Sahani,
7. Ashok Kumar Sahani, Son of Late Jamun Sahani alias Jamuna Mallah,
8. Jagdish Prasad, Son of Late Chandrika Mahto,
9. Suresh Mahto, Son of Late Sitaram Mahto,
10. Bhagwan Das Prasad, Son of Brashpati Mahto,
11. Doman Mahto, Son of Ramdhani Mahto,
12. Damodar Mahto, Son of Late Khubhi Mahto alias Khubhlal Mahto,
13. Chandragupt Prasad, Son of Late Shukhdeo Mahto,
14. Ram Naresh Prasad, Son of Late Shukhdeo Mahto,
15. Sushil Kumar, Son of Sri Ram Kishore Prasad,
16. Pratima Devi, Wife of Sushil Kumar,
Patna High Court CWJC No.12620 of 2017(2) dt.11-02-2019
2/7
All resident of Village- Bataura, P.O.- Dih Kushumbha, P.S.- Korma, District-
Sheikhpura.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Director, Land Acquisition, Government of Bihar, Patna Bihar.
3. The Collector, Shekhpur.
4. The Collector, Lakhisarai.
5. The District Land Acquisition Officer, Shekhpura.
6. The District Land Acquisition Officer, Lakhisarai.
7. The Circle Officer, Ghat Kusumbha, Shekhpura.
8. The Executive Engineer, Road Construction Department, Lakhisarai.
9. The Superintendent of Police, Sheikhpura.
10. The Superintendent of Police, Lakhisarai.
11. The Project Manager through Badri Nath R.C.D., The Progressive
Construction Ltd., Raghav Ratna Tower, 7th Floor, North Bench, Abids,
Hyderabad, Telangana presently situated at Sheikhpura, P.O. & P.S. in the
district of Sheikhpura,
... ... Respondent/s
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Appearance :
(In Civil Writ Jurisdiction Case No. 12620 of 2017)
For the Petitioner/s : Dr. Anand Kumar
Mr. Bipin Kumar @ Deo
For the Respondent/s : Nutan Sahay, AC to AAG-12
(In Civil Writ Jurisdiction Case No. 13845 of 2017)
For the Petitioner/s : Mr.Ashok Kumar Verma
For the Respondent/s : Md. Khurshid Alam- Aag12
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
2 11-02-2019Heard learned counsel for the parties.
The petitioners are residents of village Bataura in the District of Sheikhpura. They have a grievance that their land, which have been described in paragraph-1 of this application, has been used for the purpose of construction of a village road by the Road Construction Department, Lakhisarai, without following the process of acquisition.
Raising a grievance of this nature, the petitioners had Patna High Court CWJC No.12620 of 2017(2) dt.11-02-2019 3/7 approached the authorities under the Bihar Right to Public Grievance Redressal Act, 2015, by making applications. The Public Grievance Redressal Officer, Lakhisarai, upon considering the case of these petitioners, had passed an order on 17.08.2016, directing the authorities to get the lands, in question, measured and be satisfied whether the construction of the road was being made on private lands of the petitioners. He also directed that if it was found on measurement that construction of the road, in question, was being made over the private land of the petitioners, such construction must be stopped forthwith and any work already done on the private land of the petitioners should be removed. It is also indicated in the said order that if the order was not implemented, the petitioners shall be at liberty to lodge an FIR against the Junior Engineer, the Assistant Engineer, the Executive Engineer, the Superintending Engineer, Road Construction Department, Lakhisarai, and the Contractor and make demand for compensation in a court of competent jurisdiction.
It is also the petitioners' case, based on the report of the Anchal Amin, which has been brought on record by way of Annexure-9 series, that upon measurement, it has been found that some earth filling work was noticed over some of the plots, Patna High Court CWJC No.12620 of 2017(2) dt.11-02-2019 4/7 which was affecting other plots (06 3/10 decimals of land). In respect of other lands, there is a report of earth filling work and affecting other plots ad-measuring 4 and ½ decimals of land. Total 08 decimal of lands, if the report of Anchal Amin is to be accepted, has been adversely affected because of the construction made by the Road Construction Department, Lakhisarai. It is further case of the petitioners that despite the said order, construction has been made.
A counter affidavit has been filed on behalf of respondent-State of Bihar. It has been stated, inter alia, in the counter affidavit filed on behalf of the Collector, Sheikhpura and the Circle Officer, Sheikhpura, that the construction has been made under the notification of Road Construction Department, Government of Bihar, and the construction work has been carried out by the Road Construction Department, Lakhisarai.
A separate counter affidavit has also been filed on behalf of the Road Construction Department, Lakhisarai. Paragraph-2 and 3 of the said affidavit are relevant for the purpose of present proceeding, which are being quoted herein below:-
"2. That the statement made in paragraph no. 1(i) of the writ petitioner is Patna High Court CWJC No.12620 of 2017(2) dt.11-02-2019 5/7 concerned, the respondent no. 8 (Executive Engineer Road Construction Department Lakhisarai) has constructed the Barahiya - Fatherpuri - Kothwa - Mahramchak-
Nathanpur - Pali - Gurera road on the alignment of existing road which was already constructed by RWD Works Division Lakhisarai. The same road was transferred by RWD works Division Lakhisarai to RCD Road Division Lakhisarai, after that the construction work of above road started by RCD road division Lakhisarai. The respondent no. 8 (Executive Engineer Road Construction Department Lakhisarai) has given a letter to Circle Officer Ghatkusumbha for measurement of land of petitioners in the above road. Circle officer Ghatkusumbha replied by letter no. 132 (en) dated 13.12.2017, in which he said that measurement has done by Circle Amin Ghatkusumbha and land of petitioners has been partially taken in original alignment of road. The land encroached of petitioner no. 1 in the above road was 21.04 Decimal.
3. That the statement made in paragraph no. 1(ii) of the writ petition, the respondent no. 8 (Executive Engineer Road Construction Department Lakhisarai) has constructed (sick.) Barahiya - Fatherpuri Patna High Court CWJC No.12620 of 2017(2) dt.11-02-2019 6/7
- Kothwa - Mahramchak - Nathanpur -
Pali - Gurera road on the alignment of
existing road which was already
constructed by RWD works division
Lakhisarai. The same road was transferred by RWD works division Lakhisarai to RCD road division Lakhisarai, after that the construction work of above road was started by RCD road division Lakhisarai. The respondent no. 8 (Executive Engineer Road Construction Department Lakhisarai) has given a letter to Circle Officer Ghatkusumbha for measurement of land of petitioners in the above road. Circle officer Ghatkusumbha replied by letter no. 132 (en) dated 13.12.2017 in which he said that measurement has done by Circle Amin Ghatkusumbha and land of petitioners has been partially taken in original alignment of road. The land encroached of petitioner no. 2 in the above road was 32.37 Decimal."
On the basis of facts, which are admitted, it is evident that there has been no land acquisition proceeding for construction of the road by the Road Construction Department, Lakhisarai. This is also admitted that the lands of these petitioners have been adversely affected for their interest, by Patna High Court CWJC No.12620 of 2017(2) dt.11-02-2019 7/7 construction of the road. The Court is not recording any observation as to whether the work of construction of road is partly or fully completed.
In view of the admitted facts as noted above, I direct the Collector, Sheikhpura, to ensure that the construction over the area of lands belonging to the petitioners is free from, what the Court does not have any hesitation in calling it to be 'encroachment', within two months from the date of receipt/production of a copy of this order.
It will, however, be open to the Collector, Sheikhpura, to initiate proceeding for acquisition of lands, if the authorities are of the view that private lands of the petitioners are required for construction of road, in accordance with law.
These writ applications stand disposed of.
(Chakradhari Sharan Singh, J) Ashish/-
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