Patna High Court
Vishwanath SinghversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
Since the land was not acquired, no compensation is payable and the writ petition is dismissed.
Summary
Vishwanath Singh filed a writ petition claiming that his land was acquired for the construction of a six‑lane National Highway‑2 under a 2010 Gazette notification, but that compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 had not been paid. The respondents, including the District Magistrate and Deputy Collector, submitted that the petitioner’s land had not actually been acquired, and therefore no compensation was due. The High Court accepted the respondents’ statement that the land was not acquired and held that the petitioner could not claim compensation. The Court further directed that if the petitioner believed otherwise, he could approach the appropriate authority or court for redress. Consequently, the writ petition was disposed of without granting any relief.
Issues considered
- Whether the petitioner is entitled to compensation under the 2013 Land Acquisition Act for land that was allegedly acquired for National Highway‑2.
- Whether the writ petition seeking a direction to pay compensation is maintainable when the land is not deemed to have been acquired.
Legislation cited
Subjects
- land acquisition
- compensation
- National Highway
- Right to Fair Compensation Act
- writ petition
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10716 of 2017
======================================================
Vishwanath Singh son of Late Saryu Singh resident of village - Bhendeeya,
P.S. - Aurangabad M, and District - Aurangabad.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The District Magistrate, Aurangabad.
3. The Additional Collector cum Arbitrator, Aurangabad.
4. The Deputy Collector Land Reform cum the competent Authority,
Aurangabad.
5. The Chief General Manager National Highway II, Aurangabad.
6. The Project Director, P.I.U., N.H.A.I. Varanasi.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Verma, Advocate
For the Respondent/s : Mr. Raj Kishore Roy-GP18
For the NHAI : Dr. Anand Kumar, Advocate
Mr. Anuradha Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 31-01-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):-
“for directing to the concerned authorities
to pay the compensation by initiating proceeding
under "Right to Fair compensation and
Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 for the land acquired for
construction of 6 lane to National Highway 2 for
which the Gazette notification dated 8.12.2010 has
been issued but more than 6 years have lapsed but
the petitioner has been deprived of getting
compensation.”
Patna High Court CWJC No.10716 of 2017(2) dt.31-01-2026
2/2
3. The petitioner claims that his land was taken over for
the construction of National Highway – 2 pursuant to the
notification issued in the year 2010 but the compensation amount
was not paid.
4. The counter-affidavit of the respondent nos. 2 to 4
duly signed by the Deputy Collector, Land Reforms, Aurangabad
shows that though the lands have been acquired, so far as the
petitioner’s land is concerned, the same has not been acquired and
as such, there is no question of payment of compensation.
5. This Court will go by the statement made by the
respondents that the land of the petitioner has not been acquired
and as such, he cannot be extended any compensation.
6. If still the petitioner has any case, he can very well
approach the appropriate authority/Court for the redressal of the
grievance.
7. The writ petition stands disposed of with aforesaid
observation.
(Rajiv Roy, J)
Adnan/-
U
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