Patna High Court
Manju DeviversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed, with liberty granted to the petitioner to approach the appropriate authority within eight weeks for compensation.
Summary
Manju Devi petitioned the Patna High Court seeking compensation for her land that was acquired by the State of Bihar for State Highway 90. She claimed compensation under the Bihar Land Acquisition Re‑establishment and Rehabilitation Policy, 2007, at the same rate as an adjoining raiyat and at the residential rate applicable to her property. The court noted that the petitioner could approach the appropriate authority or court for redress. Accordingly, the writ petition was disposed, granting the petitioner liberty to file a petition before the appropriate authority within eight weeks. The court directed that the matter be taken up thereafter in accordance with law.
Issues considered
- What relief, if any, is available to the petitioner under the Bihar Land Acquisition Re‑establishment and Rehabilitation Policy, 2007 for compensation of land acquired for a state highway?
Subjects
- land acquisition
- compensation
- rehabilitation policy
- state highway
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11870 of 2018
======================================================
Manju Devi Wife of Nagendra Kunwar, residents of Village- Chakkia, P.S-
Baikunthpur, District- Gopalganj.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Road Construction Department, Government of
Bihar, Patna.
3. The Collector, Gopalganj.
4. The Land Acquisition Officer, Gopalganj.
5. The L.R.D.C. Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwari, Advocate
For the State : Mr. Sajid Salim Khan, SC-25
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 27-02-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) to direct the respondent authorities for
making payment of compensation amount to the
petitioner towards their land being acquired by
the State authorities, which falls within the
stretch of State Highway (SH) 90
(Mohammadpur-Chhapra Road), in terms of
Bihar Land Acquisition Re-establishment and
Rehabilitation Policy, 2007.
(ii) to direct the respondent authorities
as to make payment of compensation amount to
the petitioner at the same rate which was made
to the adjoining raiyat against his acquired land
out of the same plot i.e. 886 appertaining to
same Khata No. 24 situated within the village
Patna High Court CWJC No.11870 of 2018(4) dt.27-02-2026
2/2
Shankarpur, bearing Thana No. 298.
(iii) to direct the respondent
authorities as to make payment of compensation
amount to the petitioner towards acquisition of
their land, which was of residential nature,
whereas the compensation has not been made
from the rate prescribed for residential nature of
land.
(iv) for grant any other relief or reliefs
which may deem fit and proper in the facts and
circumstances of the case.”
3. Learned counsel for the petitioner submits that he
may be allowed to approach the appropriate authority/court for
the redressal of the grievance.
4. Granting said liberty, the writ petition is disposed
of.
5. Needless to add, if the petitioner prefers a petition
in next eight weeks before appropriate authority, the same be
taken up for consideration and an order be passed in accordance
with law.
(Rajiv Roy, J)
vinayak/-
U
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