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Patna High Court

Manju DeviversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

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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