Patna High Court
Dharmbir RamversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is dismissed as the matter is pending before the LARRA and no fresh order can be passed by the High Court.
Summary
The petitioner sought a writ directing the respondents to determine and pay compensation for his land acquired for the Patna‑Buxar National Highway Corridor. The State counsel argued that most claimants had already been compensated and the remaining claims were pending before the Land Acquisition, Rehabilitation and Resettlement Authority (LARRA) under Section 3H(4) of the National Highways Act, 1956. The court noted that the matter had been referred to the LARRA and that it could not issue a fresh order while the authority’s proceedings were ongoing. Consequently, the writ petition was disposed of without granting any relief. The decision rests on the principle that the High Court will not interfere with matters pending before a specialized land‑acquisition tribunal.
Issues considered
- Whether the High Court can issue a writ directing compensation when the dispute is already referred to the LARRA under Section 3H(4) of the National Highways Act, 1956.
Legislation cited
- National Highways Act, 1956 — s. 3H(4)
Subjects
- land acquisition
- compensation
- National Highway
- writ jurisdiction
- LARRA
- Section 3H(4)
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12661 of 2016
======================================================
Dharmbir Ram son of Late Ram Bachchan Ram resident of Mohalla-
Vishnupuri Chitkohra, P.S. Gardanibagh, District- Patna.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The District Magistrate, Patna.
3. The District Land Acquisition Officer, Patna.
4. The National Highway Authority of India, New Delhi.
5. The Chief Engineer, National Highway Authority Bishweshwaraiya
Bhawan, Bailey Road, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar Jha, Advocate
For the Respondent/s : Mr. Ravi Kumar, AC to GP-13
Mr. Akshay Lal Prasad, AC to GP-13
======================================================
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 issuance of an appropriate writ,
order or direction to respondents to determine the
compensation amount of the petitioner's land
acquired for the construction of Patna-Buxar
National Highway Corridor and payment thereof
be made to the petitioner in accordance with law
and/or pass such order/orders for which the
petitioner is entitled to.”
Patna High Court CWJC No.12661 of 2016(2) dt.31-01-2026
2/2
3. Learned State counsel has taken this Court to
paragraph-9 of the counter-affidavit of respondent nos. 2 and 3
to submit that most of the persons occupying the land have
already been compensated (0.15063 acres).
4. So far as the rest over land is concerned, since
number of claimants have approached the authorities, the
answering respondent referred the matter under Section 3H(4)
of the NH Act, 1956 before the Court of Land Acquisition,
Rehabilitation and Resettlement Authority, Patna (for brevity
‘the LARRA’) vide letter no. 327 dated 21.02.2017 and will
abide by the order passed by the said authority where parties
shall appear and put forward their respective claims.
5. Considering the aforesaid submissions, since the
matter has already been referred to ‘the LARRA’ and in view of
the aforesaid development, no fresh order/direction can be
passed, the writ petition stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
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