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Patna High Court

Pramod Kumar SinghversusThe State of Bihar

Decided
Disposal
CONSIGNED

Holding

The Court dismissed the petition, refusing to quash the arbitrator’s order and declining to direct payment of compensation or interest to the petitioners.

Summary

The petitioners, three landowners from Kaimur district, challenged an order dated 05‑10‑2024 issued in NH Arbitration Case No. 62/2024, wherein the arbitrator directed the Land Acquisition Officer to fix the compensation rate for their land at Rs 10,372 per decimal, up from Rs 5,186 fixed by the Central Allocation and Licensing Authority (CALA) under Section 3(G)(5) of the National Highways Act, 1956. They alleged that the arbitrator’s rate violated the market value rate (MVR) for commercial land for FY 2023‑24 and sought a writ to quash the arbitrator’s order, to compel payment of compensation at the MVR rate, and to award interest for delayed payment. The Court gave the respondents three weeks on 26‑06‑2025 to rectify the defect, but the respondents failed to comply, leading to a peremptory rejection of the petition on 17‑07‑2025. The Court, after perusing the file, dismissed the petition, holding that the arbitrator’s order was not liable to be set aside on the grounds raised. Consequently, no compensation or interest was ordered in favour of the petitioners.

Issues considered

  • The arbitrator’s order fixing a compensation rate higher than that fixed by CALA under the National Highways Act, 1956, is it violative of the prescribed market value rate (MVR) for commercial land?
  • Whether the petitioners are entitled to a writ directing the respondents to pay compensation as per the MVR and interest for delayed payment?

Legislation cited

Subjects

  • land acquisition
  • compensation rate
  • National Highways Act
  • arbitration
  • writ petition
  • market value rate
  • CALA
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.10021 of 2025
                 ======================================================
           1.     Pramod Kumar Singh Son of Rana Pratap Singh, Resident of Village-
                  Bhatani, P.O.- Ogoi, P.S. - Chand, District- Kaimur (Bhabua).
           2.    Shashi Kumar Singh, Son of Rana Pratap Singh, Resident of Village-
                 Bhatani, P.O.- Ogoi, P.S. - Chand, District- Kaimur (Bhabua).
           3.    Prince Singh, Son of Vijay Singh @ Vijay Bahadur Singh, Resident of
                 Village - Kuddi (Bhatani), P.O. - Kuddi, P.S. - Chand, District- Kaimur
                 (Bhabhua).

                                                                   ... ... Petitioner/s
                                             Versus
           1.    The State of Bihar through Principal Secretary, Road Construction
                 Department, Patna.
           2.    The Chief Engineer, NH Division, South Bihar, Patna.
           3.    The District Magistrate, Kaimur (Bhabhua).
           4.    The District Land Acquisition Officer, Kaimur (Bhabhua).
           5.    The Superintending Engineer, NH Circle Dehri On-Sone, Rohtas at
                 Sasaram.
           6.    The Executive Engineer, NH Division, Aurangabad.
           7.    The Circle Officer, Chand Block, District - Kaimur (Bhabhua).
           8.    The Arbitrator-cum-Divisional Commissioner, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Sanjay Kumar, Advocate
                 For the Respondent/s   :        Mr.Standing Counsel (21)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   21-04-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for Issuance of writ/writs order/orders,

                                            direction/directions for quashing order dated

                                            Kaimur to 05.10.2024 passed by respondent
Patna High Court CWJC No.10021 of 2025(3) dt.21-04-2026
                                           2/3




                                  no. 8 in NH Arbitration Case No. 62/2024

                                  whereby and where under disposing of the

                                  arbitration case he was pleased to direct the

                                  Land Acquisition        Officer-cum-Competent

                                  Authority, determine/calculate the rate of

                                  acquisition of the land Rs. 10,372/- per

                                  decimal from Rs. 5,186/-as fixed by CALA

                                  under provisions of Section 3(G)(5) of NH

                                  Act 1956 in gross violation of the rate fixed

                                  for commercial land in the area and as per

                                  MVR of 2023-24;

                                  (ii) for issuance of writ/writs order/orders,

                                  direction/directions to the respondents to

                                  make payment of compensation to the

                                  petitioners as per prevalent rate of land, as

                                  per MVR, 2023-24 (H) and for which Stamp

                                  Duty/Revenue has been charged by the

                                  vendee at the time of purchase of land prior

                                  to and after publication of notice for

                                  acquisition of land for construction of NH-

                                  219       (Mohania-Bhabhua-Chand-Dharauli

                                  Road);
         Patna High Court CWJC No.10021 of 2025(3) dt.21-04-2026
                                                    3/3




                                           (iii) for issuance of writ/writs order/orders,

                                           direction/directions to the respondents to

                                           make payment of interest to the petitioners

                                           for    delayed      payment   of   amount   for

                                           acquisition of their land and in violation of

                                           rate fixed as per MVR, 2023-24;

                                           (iv) to pass such other order/orders as your

                                           lordships may deem fit and pr

                               2. On 26.06.2025, three weeks’ time was granted to

                   remove the defect(s) and the order was peremptory.

                               3. As the same was not complied, it stood rejected on

                   17.07.2025.

                               4. Perused the file, consigned.




                                                 (Rajiv Roy, J)
Ravi/-

U


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