PATNA, India, July 9 -- Patna High Court issued the following judgment on July 4:

Heard the parties.

2. In the present writ petition, the petitioners have prayed for the following reliefs:-

(i)For commanding the respondents to undertake the measurement work of NH 107 in Ward no. 3, 4, 5, 6 and 9 of the Nagar Panchayat Banmankhi, particularly in front of the houses of the petitioners and not to construct and widen the road over the khatiyani and raiyati lands of the petitioners unless and until measurement of their lands is made and if necessary acquisition of their land is made by following the due process of acquisition prescribed under law and after making payment of adequate compensation of the land if it is found in the measurement that the widening of the road is required to be made over the lands of the petitioners.

(ii)for any other relief/reliefs for which the petitioners are legally found to be entitled in the facts and circumstances of the present case.

3. Learned counsel for the petitioners has submitted that for widening of N.H. 107 (Purnea to Saharsa), NHAI has undertaken the khatiyani land of the petitioners. It is submitted that in the process of construction and expansion of said road, the NHAI has forcibly taken the khatiyani and raiyati land of the petitioners without making any measurement and also without initiating process of acquisition of the land in accordance with law. Learned counsel further submits that if raiyati land of the petitioners have been taken by the NHAI under the authority of government, for this purpose measurement and proper process of acquisition of land is required. Learned counsel further submits that petitioners have made representation before the Project Director, NHAI, Begusarai and copy of same has been annexed and marked as Annexure-P/2, but the same has not been disposed of as yet.

4. Learned counsel for the State has submitted that if the petitioners files fresh representation before the concerned authority, the concerned authority shall look into the matter and if it is found that the land of the petitioners have been encroached upon by the NHAI for widening the road, petitioners would be compensated by adopting legal process as prescribed under the law.

5. Considering the facts and circumstances of the case as well as submissions of the parties, the present writ petition stands disposed of with direction to petitioners to file their fresh representation individually before the concerned authority within four weeks from the date of receipt of the order. If such representation is filed before the concerned authority, the concerned authority is directed to consider and dispose of the representations within a reasonable time after giving due opportunity of hearing to the parties.

Disclaimer: Curated by HT Syndication.