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Judgment
Being aggrieved by the judgment and order dated 29.04.2019 passed in CWJC No. 1439 of 2017, passed by learned Single Judge allowing the writ petition, appellants have preferred this Letters Patent Appeal.
Writ-petitioners-respondent had filed writ petition for commanding the respondents/appellants not to encroach over the lands of writ petitioners without initiating any proceeding for land acquisition while widening S.H. 87 running from Runnisaidpur to Bishwabazar.
Case of the writ petitioner before the writ court was that an area of 3.72 acres appertaining to khata no.476, plot no.1993 of mauza Koari was settled by Darbhanga Raj by Hukumnama in favour of ancestors of petitioners and after vesting of jamanidari the land/revenue records were prepared in the name of ancestors of writ petitioners.
Earlier petitioners had voluntarily allowed the Rural Engineering Organization, Government of Bihar, to construct a 10 feet road over their land in interest of local residents for which they did not claim any compensation nor their land was acquired for construction of said road. It was further stated that now the road has been converted into State Highway and work has started for widening of said road, however, without initiating any proceeding for acquisition of the land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013, the private lands of petitioner is being encroached without authority of law. In the Revenue Records of State of Bihar, land of petitioners measuring 3.72 acres appertaining to Khata No. 476 and Plot No. 1993 stands recorded in the name of ancestors of writ petitioners and Jamabandi is also running in their name and they are the Khatiyani Raiyat having title and possession over the land.
The case of appellant/State is that land in question appertaining to khata no.476 new khesra no.1993 area of 3.27 acres was carved out from the plot Nos. 495, 802, 801, 800, 796 and 797 from cadastral survey khatiyan in which said lands have been recorded as Kesari Hind and nature of land as road and public land.
It is further submitted by appellant that petitioners' ancestors name has wrongly been recorded in revisional survey khatiyan and for correction of which, title suit no.76/2018 has been filed by the State of Bihar through Collector, Sitamarhi which is pending in the court of Sub-Judge, Pupri. Earlier, the road was under control of Road Construction Department and pucaa construction is coming since British period and same was transferred to Bihar State Road Corporation Development for its improvement and up-gradation and same was never in possession of writ petitioners.
The learned Single Judge, after hearing learned counsel for the writ petitioner and State as well as Bihar State Road Development Corporation Ltd., has held that there is no dispute that in the revenue records maintained by the State, petitioner is owner of the land and so long as revenue record is not corrected in accordance with law, petitioners would be entitled to compensation for use of land which is standing in the name of petitioner and directed the Collector, Sitamarhi to ensure payment to the writ petitioner/respondent and thereafter appellants shall be allowed construction.
From the facts, it is apparent that in cadastral survey records, the disputed plots stood in the name of Kasare Hind as a public land, however, during revisional survey, said plots were recorded in the name of ancestors of writ petitioners and there is presumption of correctness of entry made in the survey khatiyan unless contrary is proved for which State has already filed a civil suit.
In the facts and circumstances of the present case, without interfering in the order passed by the learned Single Judge, the Appellants shall pay the compensation amount to the writ petitioners-respondents on furnishing adequate surety in form of immovable property of the value of the compensation amount and same shall be subject to the final outcome of the title suit pending between the parties.
With aforesaid modification, the present appeal is disposed of.