Patna High Court
Raj Kumar VermaversusThe Union of India
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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
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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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