The court affirmed that the right to property is a human right, requiring lawful acquisition and compensation when expropriated, underlining legal obligations of the State in welfare contexts.

JUDGMENT :

Shailendra Singh, J.

The instant writ application has been filed by the petitioners under Article 226 of the Constitution of India, seeking the following relief(s):

"(i) An appropriate writ/order/direction, declaring action of the Respondents 1st party constructing road upon the petitioners' land under Pradhan Mantri Sadak Yojna, without any process for acquisition of land and without paying compensation as illegal, arbitrary, void and without jurisdiction, be issued (ii) An appropriate writ/order/direction, commanding the respondents to restore the possession of land to the petitioners, be issued;

(iii) Alternatively, an appropriate writ/order/direction, commanding the respondents 1st party to make payment of compensation determined under the provisions of law from the date of dispossession i.e. 24.07.2008 till payment, be issued;

(iv) Any other relief or reliefs, to which the petitioner is entitled to, be granted."

2. Heard Mr. Yogendra Mishra, learned counsel appearing for the petitioners, and Mr. Saurabh Kumar, learned AC to SC-19, appearing for the State-Respondents as well as Respondent Nos. 6 and 9.

3. Learned counsel appearing for the petitioners submits that in the year 2008, Respondent Nos. 6 and 7, the then Mukhiya of Gram Panchayat Raj, Kolhua Thikhah, and the then Panchayat Secretary of the said Panchayat, intended to construct a road upon the petitioners’ land forcibly, which was objected to by petitioner no. 2, whereupon marpit took place. Then, petitioner no. 2 filed a complaint case before the SDJM, Sheohar, on 24.07.2008. On that basis, a police case was registered, and after investigation, the chargesheet was submitted against the accused persons on 24.07.2020. The trial of the accused for the alleged offences is still running, and in this regard, Annexures-3 and 5 are relevant. It is further submitted that the Respondent 1st Party, in connivance with Respondent Nos. 1 to 4, encroached upon the petitioners’ land and dispossessed them, which was completely illegal. The said land is the source of livelihood of the petitioners, and the petitioners’ land has been used by the Respondents to construct a government road without acquiring the same and without giving compensation for the acquired land to the petitioners. The petitioners were dispossessed in the year 2008 and thereafter have been running pillar to post for redressal of their grievances. It is further submitted that under the direction of Respondent No. 5, the Anchal Adhikari (Circle Officer) deputed the Amin to measure the land of the petitioners and submit a report. Then, the Anchal Amin measured the land in question and found a pitch road being constructed over 75 decimals of land belonging to the petitioners. He also found that soling had been made over 50 decimals of the land and further found that the Respondents cut away earth from 25 decimals of the land belonging to the petitioners. Accordingly, in total, the Respondents have taken possession of 2.57 acres out of 2.98 acres of the petitioners’ land. The petitioners paid rent in respect of their land up to the year 2021-22. The Respondents, in the most arbitrary manner, without issuing a notification for acquisition, without providing an opportunity of hearing, and without any process for compensation, dispossessed the petitioners from their land as far back as 2008, despite a criminal case being pending in connection with the alleged wrong lodged by the petitioners. The petitioners have been kept out of possession of their land for about fifteen years and therefore are entitled to damages for the entire period of 15 years.