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2010 Supreme(Pat) 1706

SHEEMA ALI KHAN
Balkeshwar Singh – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. A road is being constructed from the block headquarter, Chenari to village Sadokhar through village Chandrapura which passes through the village Ramgarh. The said project under the PRADHAN MANTRI GRAMIN SARAK YOJANA (PMGSY) started in the year 1994-95. The petitioners protested with respect to the widening of the road as it involves the acquisition of their raiyati lands. The Block Development Officer, Chenari stopped the work and later on, allegedly promised that the petitioners would be given compensation for the said acquisition.

2. The lands of the petitioners which are affected are situated in village Ramgarh, khata no. 94, plot nos. 25 and 52, measuring 62½ decimals i.e. 25 feet wide and 1300 feet long.

3. The Collector, Rohtas and the Block Development Officer, Chenari are directed to enquire into the matter and if it is found that the lands of the petitioners have been utilized for construction of the road, the Collector will take steps to initiate a land acquisition proceeding and pay compensation to the petitioners.

4. Counsel for the State, on the other hand, submits that the PMGSY does not envisage widening of the roads, rather it envisages strengthening of



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