PATNA, India, July 30 -- Patna High Court issued the following judgment on July 14:
Heard learned counsel for the petitioners and learned counsel for the State.
2. The present writ petition has been filed for the following relief/s:-
"I. For quashing the order passed by Executive Engineer, Road Construction Department, Khagaria contained in letter no. 04 dated 02.01.2018 whereby and whereunder petitioners' representation dated 19.12.2017 for grant of compensation against encroachment of petitioners' plot of land by "Alauli Bahadurpur Bakhri" road of the Road Construction Department, has been rejected without application of mind, on completely erroneous and non est grounds and findings, which are in teeth of the records of the case and contrary to the orders passed by the superior authorities. II. For passing an appropriate writ, order or direction in the nature of Mandamus commanding the Respondents authorities to carry out fresh measurements of petitioner's plot of land and pay the compensation alongwith penal interest for the portion of petitioners' land which has unauthorisedly been encroached upon by way of construction of a road.
III. In the alternative, For passing an appropriate writ, order or direction in the nature of Mandamus commanding the Respondents authorities to demolish the constructed road over petitioners' plot of land and hand over peaceful possession of the same to the petitioners within a reasonable period of time.
IV. Any other writ or order or direction to which the Petitioner is found by this Hon'ble Court may kindly be issued."
3. Learned counsel for the petitioners submits that the land in question is Khata no.9, Khesra no.445 area 2 katha 8 dhur belongs to the petitioners which is the khatiyani plot and has came in the share of petitioners' father after their partition as the same is petitioners' ancestral property. Counsel submits that in the year 2004-05, Alauli Bahadurpur Bakhri road was acquired by the Road Construction Department from the Rural Works Department for construction of road. Unknown to the petitioners then, the said road was constructed over the petitioners' plot and the petitioners were under bona fide impression that the road was being constructed over the land of P.W.D after due measurements and verification. But upon construction of the road, petitioners realized that some encroachment has been made on their plot then they made representations before the District Magistrate, Khagaria, B.D.O., Khagaria and Circle Officer, Alauli, Khagaria on 26.10.2015 against such encroachments on petitioners' plot of land. Counsel submits that the petitioners made several rounds of the office of D.M., Khagaria, B.D.O., Khagaria and Circle Officer, Alauli, Khagaria for follow-up action on their representation, but nothing happened.
4. Learned counsel for the petitioners further submits that on 22.08.2016, petitioners once again made a representation before the District Magistrate, Khagaria, but no action taken place. Thereafter, petitioners approached the Public Grievance Redressal Officer, Khagaria and filed a Complaint on 29.09.2016 against non-measurement of land by the Circle Officer, Alauli. After direction by the Public Grievance Redressal Officer, Khagaria, measurement was done on 29.10.2016, but the same was incomplete and further date for measurement was fixed. After measurement, the Circle Officer, Alauli came to a finding that the entire plot of land of the petitioners had been covered by the P.W.D. road. On 17.12.2016, the District Public Grievance Redressal Officer, Khagaria passed an order on petitioners' complaint that as the entire plot of petitioners had come under the road of P.W.D and if the petitioners were having sufficient ownership of the said plot and if the petitioners have not been paid any amount in such a situation, the petitioners can make an application to Land Acquisition Officer for necessary action. Counsel further submits that the petitioners made a detailed representation on 23.01.2017 to the District Magistrate, Khagaria and also approached to the Road Construction Department for payment of compensation. Thereafter, upon objection by the Executive
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTQ5MDQjMjAxOCMxI04=-mJTbQO6ZmRw=
Disclaimer: Curated by HT Syndication.
