The Patna High Court has directed the District Magistrate, Bhagalpur, to personally examine allegations that a village road was constructed on a citizen’s raiyati (private) land without acquiring it or paying compensation, observing that the case reflected a “glaring example” of the manner in which district authorities function according to their “whims and fancies” rather than the law.
Justice Rana Vikram Singh was hearing a plea by Uttam Jha, who contended that despite an appellate court declaring his family’s title over the land in 2017, local authorities permitted construction of a village road on it without initiating acquisition proceedings. The petitioner also alleged that repeated representations to the authorities went unheeded.
The High Court noted that the appellate court’s decree recognising the petitioner’s ownership had attained finality and that there was no dispute regarding his right, title and possession over the land. It held that while the State has the power to acquire land for public purposes, it can do so only by following the procedure established by law. Constructing a road on private land without acquisition, notice or compensation was contrary to settled legal principles and amounted to a violation of the petitioner’s legal and statutory rights.
Accordingly, the Court directed the District Magistrate to conduct a personal inquiry after verifying the revenue records and the civil court decree, hear all concerned parties and pass a reasoned order within three months. If the petitioner’s claim is found to be genuine, the District Magistrate was directed to take all steps permissible in law, including initiating acquisition proceedings, and to ensure that no further construction takes place on the petitioner’s land without lawful acquisition and payment of compensation.
