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Patna High Court

Raj Kumar VermaversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The Court declined to quash the memo or the committee's award and instead directed the competent authority to provide information on the land's classification, disposing of the writ application.

Summary

Petitioner Raj Kumar Verma filed a writ petition challenging a memo and a six‑member committee's decision that classified his land as residential for compensation, asserting that the land is commercial and should attract a higher valuation. He sought quashing of the memo and the committee's award of Rs 22,38,912, contending that the authorities ignored market valuation rates and the nature of the land. During the hearing, the petitioner indicated willingness to accept the award under protest and expressed a desire to withdraw the writ, requesting instead that the competent authority provide definitive information on whether the land is notified as residential or commercial. The Court directed the competent authority to furnish the required land‑nature information to both the petitioner and the NHAI within one week of the petitioner's application. Accordingly, the Court disposed of the writ application without granting the reliefs sought.

Issues considered

  • Whether the memo dated 23‑10‑2019 and the six‑member committee's award can be quashed by a writ of mandamus or certiorari.
  • Whether the land in question is legally classified as residential or commercial for the purpose of compensation under the Bihar Land Acquisition framework.
  • Whether the petitioner may withdraw the writ petition and seek relief through a detailed application to the competent authority.

Subjects

  • land acquisition
  • valuation
  • commercial land
  • residential land
  • writ of mandamus
  • certiorari
  • NHAI
  • Bihar
  • petition withdrawal

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.11359 of 2021
     ======================================================
     Raj Kumar Verma, Aged about- 49 Years, Gender- Male, S/o Lekh Ram
     Prasad Verma, Resident of Village- Bhatta Bazar, P.S.- K. Hat, District-
     Purnea.
                                                            ... ... Petitioner/s
                                     Versus
1.   The Union of India through its Secretay, National Highway Authority of
     India.
2.   The Director, Land Acquisition Deptt., Govt. of Bihar, Patna, Secretariat,
     Patna.
3.   The District Magistrate, Purnea, District- Purnea.
4.   National Highway Authority of India, N.H.- 131 A, Purnea, Block-
     Narayanpur, District- Purnea.
5.   The Additional Deputy Collector, Purnea, District- Purnea.
6.    The District Land Acquisition Officer, Purnea, District- Purnea.
                                                                ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :       Dr. Shashi Shekhar Kishore, Advocate
     For the U.O.I.          :       Dr. K. N. Singh, A.S.G.
     For Respondent/s        :       Mr. Sajid Salim Khan, Sr. Advocate
     For the N.H.A.I.        :       Mr. Rajesh Kumar Shandilya, Advocate
                                     Ms. Ankita Kumari, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                         ORAL JUDGMENT
     Date : 13-01-2026
                  Heard Dr. Shashi Shekhar Kishore, learned counsel

      appearing on behalf of the petitioner; Dr. K.N. Singh, learned

      A.S.G. appearing on behalf of the Union of India; Mr. Sajid

      Salim Khan, learned senior counsel for the respondents no. 2, 3,

      5 and 6 and Mr. Rajesh Kumar Shandilya, learned counsel along
Patna High Court CWJC No.11359 of 2021 dt.13-01-2026
                                           2/3




         with     Ms. Ankita Kumari, learned counsel for the National

         Highway Authority of India (N.H.A.I.).

                     2. The petitioner in paragraph no. 1 of the present writ

         petition has sought inter alia following relief(s), which is

         reproduced hereinafter:

                                      "I) Issuance of a direction/ order/writ including
                         writ in the nature of a writ of Mandamus/Certiorari to
                         quash the memo No. 1076 dt. 23.10.2019 passed by learned
                         District Land Acquisition Officer, Purnea by which
                         petitioner was informed by the District Land Acquisition
                         Officer, Purnea that their representation for consideration
                         of their land belongs to commercial land has been rejected
                         and the District Magistrate, Purnea as well as to quash the
                         decision of Six-member Committee headed by the District
                         Magistrate, Purnea, pertaining to land situated at Mauza
                         Raipur, Thana No. 68 Khata No.- 158 and Khesra No.-126
                         awarded total amount of 22,38,912/- considering
                         residential land contrary to the fact that the land belongs to
                         commercial land for which total award would be Rs.
                         50,15,162.00/- (through the copy of decision has not been
                         provided to the petitioner).
                                      In view of the fact that decision passed by the
                         aforesaid Six-member Committee is against the basic
                         principles of Bihar Land Acquisition & the Committee did
                         not considered the matter related MVR (Market Valuation
                         Rate), Constructed structure & other things in the said land
                         in question.
                                      II) Issuance of a direction(s)/order(s)/writ(s) to
                         which the petitioner may be found entitled to in the facts
                         and circumstances of the case."


                     2. Learned counsel appearing on behalf of the

         petitioner informs that he has received instruction that the

         petitioner is ready to receive the amount of award as assessed by

         the competent authority under protest and he seeks to withdraw

         the present writ petition with a liberty to file a detailed

         application before the competent authority, who according to the
             Patna High Court CWJC No.11359 of 2021 dt.13-01-2026
                                                        3/3




                      petitioner is Municipal Commissioner, Purnea to obtain

                      information regarding the nature of land appertaining to Thana

                      No. 68, Khata No. 158, Khesra No. 126 measuring total area 23

                      dismal situated at Mauza Raipur, Purnea.

                                  3. Considering the relief as prayed for in the present

                      writ petition and the grievance of the petitioner, the petitioner, if

                      so advised, may file detailed application before the competent

                      authority having jurisdiction for obtaining information regarding

                      the nature of land in question, as to whether, it is notified

                      residential or commercial land.

                                  4. The competent authority, in that case, is directed to

                      provide such information to the petitioner, as well as, to the

                      N.H.A.I., well within a period of one week from the date of

                      filing of the application on behalf of the petitioner.

                                  5. Accordingly, the present application stands

                      disposed of.


                                                         (Purnendu Singh, J)

Niraj/-
AFR/NAFR                N.A.F.R.
CAV DATE                N/A
Uploading Date          19.01.2025
Transmission Date       N/A


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