Rajiv Roy, J. – In the year 1984, the citizen of the capital city of Bihar were shown the dream of having a road parallel to the river Ganges as Marine Drive of Mumbai (then Bombay). Four decades later, it has now become a reality and from the J.P. Setu near Digha in the West, a road called the J.P. Ganga Path (named after the freedom fighter, late Jai Prakash Narain and popularly known as the River Front) connects East near Gulzarbagh where another river bridge, the Mahatma Gandhi Setu is present. Further, at regular intervals, it is being connected with the Ashok Raj Path, Patna (the road named after the popular Maurya King, Samrat Ashoka which again runs through the entire city from the East in Patna City to the West, Danapur).

2. It is now being extended towards far East and will join near Kangan ghat (Chimney ghat). There is also a story behind the name Kangan Ghat. It is said that Gobind Rai (as Guru Govind Singh ji was known in his childhood days) had thrown a gold bangle into the river as a message that one should keep away from the material things. Since then, it is known as Kangan ghat. The State government has ambitions plan of connecting the River Front by a Link Road with the Takhat Sri Harmandir Sahib Ji, the birth place of the tenth Sikh Guru, Sri Govind Singh Ji.

3. The petitioners are having their residence at a place near Chowk Police Station in Patna City on a road which is the part of the proposed Link road to connect the said J.P. Ganga Path (River Front) with the Takhat Sri Harimandir Ji, Patna Sahib for the smooth movement of lakhs of pilgrims who visit Gurudwara from all over the world specially during the birth celebration of the tenth Guru. They want realignment of the Link Road so that the unutilized land of the Chowk Police Station is used thus sparing their land.

4. Heard Mr. Mrigank Mauli, learned Senior Counsel duly assisted by Mr. Sudhir Kumar Bijpuria and Mr. Sanket, learned counsel representing the petitioners while Mr. P.K. Shahi, learned Advocate General, Bihar duly assisted by Mr. Rakesh Ranjan, learned Assistant Counsel to Government Pleader No. 22 are here to defend the stand of the State Government.

PRAYER:

5. The writ application has been preferred for the grant of following reliefs: –

(i) for issuance of writ in nature of Mandamus directing the Respondent authorities for exclusion of Petitioners property from the proposed land acquisition for construction of connecting road form JP Ganga Path to Kangan Ghat (Chimney Ghat). Proposed land for acquisition is Khatiyani Land of the Petitioners, bearing Khata no.231, Khesra no. 407 admeasuring 0.02750 acre (1198 square feet) situated at Ward No. 26, P.S.- Chowk Thana Patna City, Patna City, District- Patna, Bihar over which the proposed connecting form JP Ganga Path to Kangan Ghat (Chimney Ghat) road to be constructed, which is residential house of the Petitioner and earns his livelihood from the same land;

(ii) for issuance of writ in nature of Mandamus for directing the Respondent authorities for considering the alternative alignment through uninhabited government land for construction of the connecting road form JP Ganga Path to Kangan Ghat (Chimney Ghat).

FACTS:

6. The matrix of facts giving rise to the present writ application is/are as follows:-

7. The petitioners’ (no.1 and 3 to 5) herein are the brothers namely, Bishwanath Das, Shambhu Nath Das, Keshav Das, Madhav Das, all sons of Late Krishna Das while Asha Agrawal, petitioner no. 2 is the wife of late Basukinath Das and daughter-in-law of late Krishna Das. They are having their ancestral land with exclusive, peaceful possession over it. The details of the land is/are as follows: –

“Khata no.231, Khesra no. 407 admeasuring 0.02750 acre (1198 square feet) situated at Ward No. 26, P.S.- Chowk Thana Patna City, Patna City.”

8. The petitioners came to know that their land is/are in the process of getting acquired for the widening/construction of the connecting road (Link Road) from JP Ganga Path