IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.4849 of 2008
Jyotindra Narayan Singh
Versus
The State Of Bihar & Ors
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7 4.11.2011 Counsel for the petitioner is permitted to add the Secretary
of the Rural Works Department as respondent no. 7 in this writ
application.
The petitioner has complained in this case that without
taking his consent the Rural Engineering Department has utilized his
raiyati lands for construction of the village road.
This Court by order dated 29.7.2011 directed the District
Magistrate, Bhagalpur to get an enquiry held and to file a counter
affidavit specifying the area of the land of the petitioner which was
utilized for construction of the village road under the ‘Chief Minister
Gram Sadak Yojana’. The enquiry report has been filed in this Court
which is Annexure-A to the affidavit filed on behalf of the respondent
nos. 2 and 6 on 16.9.2011. The report indicates that 750 Square Feet
of the petitioner’s land appertaining to Plot No. 476 has been utilized
for the village road. This Court thereafter directed that the petitioner
should be paid compensation for utilization of the said land. The
District Magistrate, Bhagalpur also ordered that compensation should
be paid at the market rate to the petitioner. The Executive Engineer of
the Rural Engineering Department posted at Bhagalpur is present in
court personally. A supplementary counter affidavit has been filed in
which it has been stated that steps are being taken to pay the
compensation to the petitioner for the land utilized for construction of
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the village road. Letters have been written to the nodal officer of the
‘Chief Minister Gram Sadak Yojana as well as the Land Acquisition
Officer. The Registrar of Bhagalpur has also been directed to supply
the market value of the land of the said area. Till today none of the
officers have responded to the letters addressed to them vide
Annexures V, W and X to the supplementary affidavit filed on behalf
of the respondent no. 4. Vide Annexure-X information was sent to the
Secretary, Rural Works Department regarding the aforesaid facts.
I, thus, direct that the Secretary, Rural Works Department
should look into the matter personally and expedite the payment to the
petitioner. The Executive Engineer, Bhagalpur who is present in
Court will supply him with a copy of this order and assist him
whatever is required to be done.
List this case after one month under the same heading.
Sanjay (Sheema Ali Khan, J.)