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Patna High Court

Ram Ji PuriversusThe National Highway Authority of India

Decided
Disposal
DISPOSED

Holding

The Court directed the petitioner to approach the competent authority or court within the stipulated time and disposed of the writ petition.

Summary

Ram Ji Puri challenged the arbitral award dated 04‑09‑2025 concerning the acquisition of his land for the Bharatmala expressway, seeking its set‑aside, re‑classification of his land as residential, higher compensation under the RFCTLARR Act, and interest. The petitioner argued that the land should be treated as residential based on deeds and its location near existing houses and main roads. NHAI contended that the petition should be raised before the appropriate authority and that the time to do so remained with the petitioner. The Patna High Court held that the petitioner may approach the competent authority or court within the prescribed time to seek relief, and consequently disposed of the writ petition. The order directed the petitioner to pursue the matter promptly before the appropriate forum.

Issues considered

  • What relief, if any, is available to the petitioner against the arbitral award concerning land acquisition?
  • Whether the writ petition should be dismissed and the petitioner directed to approach the appropriate authority.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • residential classification
  • arbitration award
  • writ petition
  • NHAI
  • RFCTLARR Act
  • National Highway Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1028 of 2026
                 ======================================================
                 Ram Ji Puri Son of Late Bhaskar Puri, Resident of village- Raipur Chor, P.S. -
                 Shivsagar, District- Rohtas.

                                                                          ... ... Petitioner/s
                                                 Versus
           1.    The National Highway Authority of India through its Chairman, New Delhi.
           2.    The Project Director, National Highway Authority of India (NHAI) Project
                 Implementation unit Varanasi, Uttar Pradesh.
           3.    The Arbitrator-cum-Commissioner, Patna Division, Patna.
           4.    The State of Bihar through Principal Secretary, Department of Revenue and
                 Land Reform, Government of Bihar, Patna.
           5.    The District Magistrate cum Collector, Rohtas at Sasaram.
           6.    The Additional Collector, Rohtas at Sasaram.
           7.    The Deputy Collector, Land Reforms, Rohtas at Sasaram.
           8.    The Project Manager (Technical) National Highway Authority of India,
                 Project Office, Shivsagar, Rohtas at Sasaram.
           9.    The District Sub-Registrar, Rohtas at Sasaram.
           10. The Competent Authority-cum-District Land Acquisition Officer, Rohtas at
               Sasaram.
           11. The Circle Officer, Shivsagar, Rohtas.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Kumar Singh, Advocate
                 For the State            :      Mr. Additional Advocate General (7)
                 For the NHAI             :      Mr. Rajesh Kumar Shandilya, Advocate
                                          :      Ms. Ankita Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   27-01-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                 “(i) to set aside the order/arbitral

                                        award dated 04.09.2025 passed by the Arbitrator

                                        cum    Commissioner,       Patna      Division,    in
Patna High Court CWJC No.1028 of 2026(2) dt.27-01-2026
                                             2/4




                             Arbitration Case No-508 of 2025, pertaining to

                             land acquisition (L.A. Case No.- 20/2024-25) for

                             the Bharatmala Pariyojana (Varanasi-Ranchi-

                             Kolkata Expressway) by the National Highway

                             Authority of. India, insofar as it concerns the

                             petitioner.

                                           (ii)     to    direct     the    Respondent-

                             Authorities to reclassify the petitioner's land

                             (bearing Khata No-75, Plot No-192, Area-62½

                             Decimals         Situated      at      Mauza-Majhui)    as

                             residential           and    consequently        determine

                             compensation at the higher residential rate,

                             utilizing the deeds obtained from the District

                             Sub-Registrar's Office, Rohtas, (as mentioned in

                             the order of award) to ascertain the correct land

                             category and compensation for the acquired

                             land.

                                           (iii)     to    direct     the    respondent

                             authorities to follow and act according to the

                             spirit of section 26(a)(b) and explanation I & II

                             of the Right to Fair Compensation and

                             Transparency in Land Acquisition Rehabilitation
Patna High Court CWJC No.1028 of 2026(2) dt.27-01-2026
                                            3/4




                             and Resettlement Act 2013 (RFCTLARR Act

                             2013) and also in terms of section 3-G(7) of the

                             National Highway Act, 1956.

                                         (iv) for commanding the Respondent

                             Authorities to show cause as to why the

                             petitioner's land has been treated as agricultural

                             whereas the deed provided by the District Sub-

                             Registrar's Office, Rohtas, in respect of nearby

                             plots, including a portion of the petitioner's own

                             plot (Plot No-192), clearly demonstrate that the

                             plot in question should be classified within

                             residential category. In addition to the reference

                             mentioned in the official award, the petitioner's

                             land i.e. plot no-192 is situated on the main road

                             and well connected with Basantpur-Khudhanu-

                             Kenar Kala Road as well as Chenari-Sasaram

                             Road. It is also close to village- Majhui, there

                             are more than 20-25 residential houses already

                             in existence for the last several years.

                                         (v) for commanding the respondent

                             authorities to pay compensation to the petitioner

                             for the acquired land, treated as residential (not
            Patna High Court CWJC No.1028 of 2026(2) dt.27-01-2026
                                                        4/4




                                         agricultural), with interest calculated since the

                                         date it became due until the date of actual

                                         payment.

                                                     And for such other relief/ reliefs as the

                                         petitioner may be found entitled to in the facts

                                         and circumstances of the case.”


                                  3. Learned counsel for the National Highway

                      Authority of India submits that the order in question has to be

                      challenged before appropriate authority/court and the time is

                      still with the petitioner in this case.

                                  4. In that background, this Court allows the petitioner

                      to approach the competent authority/court at an earliest and

                      within the time frame so that the court concerned can take up

                      the matter and pass a reasoned order. The concerned court must

                      taken into account that the writ petition for sometime was

                      pending before this Court while adjudicating the case.

                                  5. The writ petition is disposed of.



                                                    (Rajiv Roy, J)
vinayak/-

U


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