Created by Fuzzy Cloud

Patna High Court

Chandrawati DeviversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The court directed the District Land Acquisition Officer to look into the matter and ensure that the compensation case is taken to its logical conclusion at the earliest.

Summary

The petitioners, a family of landowners in Siwan, filed a writ petition seeking a mandamus directing the District Land Acquisition Officer to pay compensation awarded for their house and land acquired for the construction of NH‑227A, and to pay interest for the delay. They alleged that although a notice was issued, no further steps were taken to disburse the compensation. The respondents, including the Union of India, NHAI, and the State of Bihar, argued that the matter would be concluded soon. The court examined whether the petitioner was entitled to a writ directing payment of compensation and interest. It held that the District Land Acquisition Officer must look into the matter and ensure that the compensation case is concluded at the earliest. Accordingly, the writ petition was disposed with directions to the officer to expedite the compensation process.

Issues considered

  • Whether a writ of mandamus can be issued directing the District Land Acquisition Officer to pay the awarded compensation for land and house acquisition.
  • Whether interest on delayed compensation payment can be mandated by the court.

Subjects

  • Land acquisition
  • Compensation
  • Mandamus
  • Interest on delayed payment
  • National Highway Authority of India
  • Writ petition
  • Delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1285 of 2026
                 ======================================================
           1.     Chandrawati Devi W/o of Vidhyanath Tiwari, R/o village Jangal Bilas, P.O.-
                  Karnapura, P.S. - G.B. Nagar, Tarwara, District- Siwan.
           2.    Sawami Nath Tiwari, S/o Late Vidhyanath Tiwari R/o village Jangal Bilas,
                 P.O.- Karnapura, P.S. - G.B. Nagar, Tarwara, District- Siwan.
           3.    Shambhu Nath Tiwari, S/o Late Vidhyanath Tiwari R/o village Jangal Bilas,
                 P.O.- Karnapura, P.S. - G.B. Nagar, Tarwara, District- Siwan.
           4.    Prabhu Nath Tiwari, S/o Late Vidhyanath Tiwari R/o village Jangal Bilas,
                 P.O.- Karnapura, P.S. - G.B. Nagar, Tarwara, District- Siwan.

                                                                          ... ... Petitioner/s
                                                 Versus
           1.    The Union of India Through The Secretary, Ministry of Road Transport And
                 Highways, Government of India, New Delhi.
           2.    The Secretary, Ministry of Road Transport And Highways, Government of
                 India, New Delhi.
           3.    The National Highway Authority of India, Through its Chairman-Cum-
                 Secretary, Ministry of Shipping, Road Transport and Highways, Government
                 of India, New Delhi.
           4.    The Project Director, National Highway Authority of India, Patna.
           5.    The State of Bihar, through Principal Secretary, Land and Revenue
                 Department, Government of Bihar, Patna.
           6.    The Principal Secretary, Land and Revenue Department, Government of
                 Bihar, Patna.
           7.    The District Magistrate, Siwan.
           8.    The District Land Acquisition Officer, District Siwan.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Chandra Kant, Adv.
                                               Mr. Sudhanshu Prakash, Adv.
                                               Mr. Navin Kumar, Adv.
                                               Ms. Sristi Kumari, Adv.
                                               Ms. Karnika, Adv.
                 For the Respondent/s   :      Mr. G.P. Ojha, GA-7
                 For NHAI               :      Mr. Sriram Krishna, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   29-01-2026                      Heard Mr. Chandra Kant, learned counsel for the

                   petitioner and Mr. G.P. Ojha, learned GA7 besides Mr. Sriram
Patna High Court CWJC No.1285 of 2026(2) dt.29-01-2026
                                            2/3




          Krishna for NHAI.

                      2. The present application has been preferred for the

          following relief(s):

                                              (i)   For    issuance      of    writ    of
                                 mandamus directing respondent no 8 to pay
                                 the compensation amount as per the award
                                 no 46 (house) and 52 (Land) to the petitioner
                                 for the house/structure which has been
                                 acquired by the respondents for construction
                                 of Ram Janki road NH -227A, holding that
                                 after payment of compensation to land
                                 respondents can not delay payment of
                                 structure/house.
                                              (ii) For issuance of writ of
                                 mandamus directing respondents to pay
                                 interest on the delay payment of award
                                 amount to the petitioner.
                                              (iii) For issuance of any other
                                 appropriate         writ\writs,   order         orders,
                                 direction directions, for which petitioner may
                                 deemed       entitled    under    the        fact    and
                                 circumstance of the case.
                      3.    Learned counsel for the petitioner straightaway

          took this Court to Annexure-5 to submit that though the office of

          the District Land Acquisition Officer, Siwan issued notice with

          regard to the land in question, no further steps have been taken

          and the petitioners are waiting for the compensation.
           Patna High Court CWJC No.1285 of 2026(2) dt.29-01-2026
                                                       3/3




                                 4. Learned GA-7, Mr. Ojha submits that the

                     respondent no. 8, the District Land Acquisition Officer, Siwan

                     shall be taking the matter to its logical conclusion at an earliest.

                                 5. Accepting the words put forward by Mr. Ojha, the

                     writ petition is disposed of directing the respondent no. 8, the

                     District Land Acquisition Officer, Siwan to look into the matter

                     and ensure that the case relating to the petitioner’s land is taken

                     to its logical conclusion at an earliest.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.