Patna High Court
Md. MujtabaversusThe Union of India through the Secretary,
- Decided
- Disposal
- DISMISSED
- Bench
- BIBEK CHAUDHURI
Holding
The objections filed under Section 3(C)(1) of the National Highways Act, 1956 are barred by limitation, and therefore the writ petition is dismissed.
Summary
The petitioners, residents of two villages in Samastipur, filed a writ petition seeking a diversion of the Hajipur‑Darbhanga highway alignment to protect mosques, burial grounds, a cremation ghat and over 150 houses, and also demanded a mandamus directing the land acquisition authority to consider their objections under Section 3(C) of the National Highways Act, 1956. They claimed the authorities had not followed the 2018 guidelines on land acquisition and that the proposed route would cause undue hardship. The respondents, including the Union of India and NHAI, contended that the land had already been lawfully acquired, possession certificates issued, compensation deposited and construction commenced, making a change of alignment impracticable. The Court examined the statutory limitation period for filing objections, noting that Section 3(C)(1) requires objections within 21 days of the Gazette notification dated 5 January 2021, which expired on 27 January 2021. The petitioners’ objection was filed on 29 January 2021, thus outside the prescribed period. Consequently, the Court held the objection time‑barred and dismissed the writ petition without costs.
Issues considered
- Whether the objections filed by the petitioners under Section 3(C)(1) of the National Highways Act, 1956 are barred by the statutory limitation period.
- Whether the court can direct a change in the highway alignment after land acquisition and commencement of construction.
- Whether a writ of mandamus can be issued to compel the competent authority to consider objections filed after the limitation period.
Legislation cited
- Advocates Act, 1961 — s. 2(1)
- National Highways Act, 1956 — s. 3(A), 3(C)
Subjects
- land acquisition
- National Highways Act
- section 3(C) limitation
- writ of mandamus
- highway alignment diversion
- religious place protection
- Bharatmala Pariyojana
- compensation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10487 of 2021
======================================================
1. Md. Mujtaba son of Md. Zahir, Mukhiya of Gram Panchayat Raj
Mahiuddinpur Rajwa. resident of village - Mahiuddinpur Rajwa, P.S. - N.H.
Bangra, Tajpur, District- Samastipur.
2. Bhanu Pratap Sah son of Ramswarth Sah Sarpanch of Gram Panchayat Raj
Mahiuddinpur Rajwa. resident of village - Mahiuddinpur Rajwa, P.S. - N.H.
Bangra, Tajpur, District- Samastipur.
3. Raushan Ara Jafri wife of Manzer Jafri Mukhiya of Gram panchayat Raj
Shahpur Baghauni, resident of village - Shahpur Baghauni, P.S. - Waini O.P.
Tajpur, District- Samastipur.
4. Nazra Perween wife of Abdullah Sarpanch of Gram Panchayat Raj Shahpur
Baghauni. resident of village - Shahpur Baghauni, P.S. - Waini O.P. Tajpur,
District- Samastipur.
5. Md. Sohail Ahmad son of Md. Anam Uddin Convener Religious Place
Protection Committee, Gram Panchayat Raj Shahpur Baghauni. resident of
village - Shahpur Baghauni, P.S. - Waini O.P. Tajpur, District- Samastipur.
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Road Transport and Highways
Department, New Delhi- 110001.
2. The Project Director, National Highway Authority of India, (N.H.A.I),
Bharat Mala Pariyojna, Hajipur - Darbhanga Section having office at
Muzaffarpur.
3. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
4. The Additional Chief Secretary, Road Construction Department, Govt. of
Bihar, Patna.
5. The Additional Chief Secretary- cum- Principal Secretary, Revenue and
Land Reforms Department, Govt. of Bihar, Patna.
6. The Commissioner, Darbhanga Division, Darbhanga.
7. The District Magistrate- cum- Collector, Samastipur.
8. The Sub-Divisional Officer, Samastipur.
9. The District land Acquisition Officer, Samastipur.
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10. The Block Development Officer, Tajpur, District- Samastipur.
11. The Circle Officer, Tajpur, District- Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Md. Shamimul Hoda, Advocate
Mr. Anuj Kumar, Advocate
For the Respondent/s : Mr. Sayid Salim Khan, Sr. Advocate (SC 25)
Mr. Manoj Kumar Sinha, AC to SC 19
For the NHAI : Dr. Maurya Vijay Chandra, Advocate
Mr. Sriram Krishana, Advocate
Ms. Preety Ranjan, Advocate
Mr. Shashank Shekhar Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
CAV JUDGMENT
Date: 19-02-2026
1. The petitioners are residents of village
Mahiuddinpur Rajwa and Shahpur Baghauni, who have
invoked Constitutional Writ Jurisdiction of this Court,
claiming the following reliefs:-
“A) For issuance of appropriate
writ/writs, order/orders, direction/ directions
commanding the respondents to partially change
the proposed route of Hajipur Darbhanga
Section of Bharat Mala Pariyojna at villages
Mahiuddinpur Rajwa and Shahpur Baghauni of
Tajpur Block, District-Samastipur by diverting it
from outside the village by creating a bypass, so
as to save at least three mosques, three burying
grounds, one cremation ghat and more than 150
residential houses of the petitioners and others of
said villages Mahuddinpur Rajwa and Shahpur
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Baghauni, which is coming in the proposed route
of said project as notified by the Ministry of Road
Transport and Highways, Union of India, vide
the extra ordinary gazette of India notification
dated 5.1.2021 published in local news papers on
9.1.2021 declaring the intention of the Central
Govt. to acquire such lands for the purpose of
construction of Hajipur-Darbhanga Section of
said project.
B) For issuance of a writ of mandamus
directing the respondents particularly the notified
competent authority i.e. District Land Acquisition
Officer, Samastipur (respondent no-9) and the
District Magistrate, Samastipur (respondent no-
7) to decide the objections raised by the
petitioners and other villagers under section 3(C)
(1) of the National Highways Act, 1956 at the
earliest and further not to proceed with the
acquisition proceeding unless the objections
raised by the petitioners and other villagers are
decided in accordance with law per the mandate
of section 3(c) of the said act.
C) For any other relief/reliefs to which
the petitioners and similarly situated other
villagers having interest in the said proposed
acquisition of their land for the purpose of said
project are found entitled under the facts and
circumstances of the present case.”
2. It is pertinent to mention, at the outset, that the
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Petitioner No. 1 did not want to proceed with the instant writ
petition and he sought for deletion of his name from the array
of the petitioners. Such prayer was allowed vide order, dated
16.02.2026 and on 17.02.2026 the argument was heard.
3. It is the case of the petitioners that by virtue of
notification, dated 5th of January, 2021, published in the
extraordinary gazette of India, the Central Government, in
exercise of its powers conferred under Section 3 (A) (1) of the
National Highways Act, 1956, declared its intention to acquire
land, mentioned in the schedule of the said notification,
coming in the stretch of kilometers 32 to 65 in the District of
Samastipur for the purpose of building, maintenance,
management and operation of Hajipur-Darbhanga Section
under Bharat Mala Pariyojana of the National Highway
Authority of India. The said notification was published in the
local newspapers “The Times of India and The Hindustan” on
9th of January, 2021. The petitioners and there co-villagers
came to know through paper publication about the said
notification and notice that there are three mosques, three
burial grounds, one cremation Ghat and more 150 residential
houses of the petitioners and others of the above-mentioned
two villages coming within the land notified for acquisition
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under the above-mentioned provisions of the National
Highways Act, 1956. In order to protect their interests, the
petitioners and other local villagers constituted a committee
under the name and style of Religious Place Protection
Committee, Gram Panchayat Raj, Shahpur Baghauni, electing
the Petitioner No. 5 as the convener of the said committee.
The petitioners and many other villagers personally met the
officers of the State Government as well as the National
Highways and raised their objections and grievances against
the proposed route of the said project and also suggested an
alternative route bypassing the densely populated area through
the fields of the same village and submitted a detailed map
indicating the alternative route. It was also contended that if
the crossing of proposed Hajipur-Darbhanga Section of the
said national highway project is shifted just 200 meters west
towards Tajpur-Muzaffarpur road, the vast population of both
the villages could be saved, and the place of worship and the
burial grounds could also be protected.
4. It is stated by the petitioners that they along with
co-villages had also met the Minister of the locality; District
Magistrate, Samastipur; Land Acquisition Officer, Samastipur;
and the Project Director, Highway Authority of India. They
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also submitted a written objection to the Project Director,
NHAI on 29th of January, 2021.
5. The petitioners also contended that prior to the
gazette notification, dated 5th of January, 2021, a Manual of
Guidelines on the Land Acquisition for National Highways
was published by the Government of India in December,
2018. The guidelines say that at the time of preparation of
DPR and planning the alignment, due care and diligence
would be taken to avoid number of hindrances faced during
the course of implementation of NHAI Project. The said
guidelines published by the Ministry of Road, Transport and
Highways, Government of India were not followed in the
instant case. The notification issued by the Central
Government proposed acquisition of densely populated land
and if such notification is adhered to, the Central Government
will have to incur huge expenditure on compensation in
comparison to the alternative route suggested by the villagers.
Pursuant to the said objection filed by the petitioners and
other villagers, the office of the District Administration
headed by the Circle Officer of the Tajpur-cum-BDO visited
the proposed notified sight and the alternative route suggested
by the villages and they verbally assured for redressal of their
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grievances. Subsequently, series of objection were filed before
the Land Acquisition Officer, Samastipur by the villagers in
order to protect their residential houses and religious
structures. A delegation of villagers personally met the District
Magistrate, Samastipur on 23rd of March, 2021 and reiterated
their objections. The District Magistrate and the Project
Director, NHAI visited the site of notified alignment of the
proposed route passing through densely populated area of
both the villages and also the alternative route alignment site
suggested by the villagers, subsequently. However, no
effective result was achieved by the villagers which prompted
them to file the instant writ petition.
6. The Respondent No. 2, the Project Director,
Project Implementation Unit “PIU” Muzzafurpur, NHAI has
filed a counter affidavit denying all the material allegations
made out in the writ petition.
7. It is submitted by the Respondent No. 2 that the
land in Mauza Mohiuddinpur Rajwa and Shahpur Baghauni,
admeasuring an area 6.1594 Ha in Mohiunddinpur Rajwa &
4.6484 Ha in Shahpur Baghauni, was acquired in the project
of Amas-Darbhanga, PKG-III (Kalyanpur to Balbhadarpur
Section of NH – 119-D). In relation to the land acquired in
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Mauza Mohiuddinpur Rajwa & Shahpur Baghauni in the
District of Samastipur, notification under Section 3 (A) of the
National Highways Act, 1956 was published in the
extraordinary gazette of India on 5th of January, 2021 and
further notification under Section 3 (D) of the NHAI Act was
published on 10th of May, 2021. The land in question in the
said two Mauzas has been acquired for the project of
Construction of Four Lane Access Controlled Greenfield
National Highway (NH-119D) under Bharatmala Pariyojana
from village Kalyanpur to village Balbhadarupr (Amas-
Darbhanga) Package-III in the State of Bihar on Hybrid
Annuity Mode.
8. The Respondent No. 2 further states that in the
land acquisition process, area of 6.1594 Ha in Mohiddinpur
Rajwa village and 4.6484 HA in Shahpur Baghaurni village
have been acquired.
9. The Respondent No. 2 further states that
preparation of DPR and alignment process is highly technical
job, involving vast knowledge and expertise in the field of
Highway Development and Maintenance. After examination
of land in the area and thorough technical study by M/s SA
Infra Structure Consultant Pvt. Ltd., which is a qualified and
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dignified consultant, the land in question has been acquired.
9. It is also submitted that land possession
certificate had already been handed over to the NHAI by the
State Government on 7th of April, 2022, for Shahpur Baghauni
and on 13th of May, 2022 for Mohiddinpur Rajwa. The
compensation amount of 14 Mauzas, including Mohiuddinpur
Rajawa and Shahpur Baghauni has already approved and
deposited with CALA, Samastipur. Notice was served upon
the land holders of the said two Mauzas for receiving
compensation. The project in question has already been
awarded to the concessionaire M/s MEIL Kalyanpur
Roadways Pvt. Ltd. on 30th of March, 2022 and construction
activity on the alignment has already been started since 16th of
February, 2023. Therefore, it is not possible for the NHAI to
change the alignment of the highways as claimed by the
petitioners.
10. This Court has heard the learned Advocate on
behalf of the petitioners and the learned Advocate appearing
on behalf of NHAI.
11. It is pertinent to mention here that the State
Government has not filed any counter affidavit in the instant
case.
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12. Section 3(A) of the National Highways Act,
1956 deals with the power to acquire land, etc. The provisions
runs thus:-
“3-A. Power to acquire land, etc.-
(1) Where the Central Government is
satisfied that for a public purpose any land is
required for the building, maintenance,
management or operation of a national highway
or part thereof, it may, by notification in the
Official Gazette, declare its intention to acquire
such land.
(2) Every notification under sub-
section (1) shall give a brief description of the
land.
3) The competent authority shall cause
the substance of the notification to be published
in two local newspapers, one of which will be in
a vernacular language.”
13. Section 3 (C) of the National Highways Act,
1956 prescribes the procedure of hearing of objections. The
said provision runs thus:-
“3-C. Hearing of objections.-
(1) Any person interested in the land may,
within twenty-one days from the date of publication
of the notification under sub-section (1) of section
3A, object to the use of the land for the purpose or
purposes mentioned in that sub-section.
(2) Every objection under sub-section (1)
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shall be made to the competent authority in writing
and shall set out the grounds thereof and the
competent authority shall give the objector an
opportunity of being heard, either in person or by a
legal practitioner, and may, after hearing all such
objections and after making such further enquiry, if
any, as the competent authority thinks necessary, by
order, either allow or disallow the objections.
Explanation.-For the purposes of this
sub-section, "legal practitioner" has the same
meaning as in clause (i) of sub-section (1) of
section 2 of the Advocates Act, 1961 (25 of 1961).
final.
(3) Any order made by the competent
authority under sub-section (2) shall be final.”
14. A plain reading of Section 3(C) of the National
Highways Act, 1956 suggests that sub-section 1 of Section
3(C) gives an opportunity to any person interested in the land
to raise objection to the use of the land for the purpose or
purposes mentioned in that sub-section within 21 days from
the date of publication of the notification under sub-section
(1) of Section 3(A). Therefore, the petitioners required to
submit their objection within 21 days from the date of
publication of notification under sub-section (1) of Section 3
(A). Section 3(C)(1) consciously did not give opportunity to
any aggrieved person to raise objection against the publication
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of notification within stipulated period of time from the date
of publication of “substance of notification” in the daily
newspapers.
15. In the instant case, the notification was
published in the official gazette on 5th of January, 2021.
Therefore, petitioners could have filed the objection within 21
days of publication of the notification in the official gazette
commencing from 6th of January, 2021, thus, the period of
limitation extended till 27th of January, 2021 in respect of
filing of the objection. The petitioners relying on Annexure 2
as the initial objection against the notification for acquisition
which was allegedly received on 29th of January, 2021, i.e.,
after the expiry of the period of limitation.
16. In view of such circumstances, the objection,
i.e., Annexure 2 and subsequent objections, i.e., Annexure 4
purported to made under Section 3 (C) (1) of the National
Highways Act, 1956 is barred by limitation.
17. When this Court finds that the objection is
barred by limitation, it seems to be futile attempt to discuss
the case on merit.
18. For the reasons stated above, the written
objection allegedly filed under Section 3 (C) (1) of the
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National Highways Act, 1956, being barred by limitation, the
petitioners cannot get any relief in the instant writ petition.
19. The writ petition is, accordingly, dismissed, on
contest.
20. However, there shall be no order as to costs.
(Bibek Chaudhuri, J)
uttam/-
AFR/NAFR NAFR
CAV DATE 17/02/2026
Uploading Date 19/02/2026
Transmission Date N/A
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