Patna High Court
Ram Ji PuriversusThe National Highway Authority of India
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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
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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
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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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