Patna High Court
Ramvilash YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petitioners must approach the Arbitrator‑cum‑Divisional Commissioner for redress, and the writ petition is disposed.
Summary
The petitioners, Ramvilash Yadav and Ranjay Kumar, own a 4.386 decimal residential plot that was acquired for the construction of National Highway 119D. They allege that the compensation paid by the Land Acquisition Officer (Rs 1,45,370) is far below the purchase price (Rs 3,96,000) and seek quadruple payment and a solarium amount of Rs 30,000 each. The respondents contend that any grievance must be addressed to the Arbitrator‑cum‑Divisional Commissioner of Gaya Division. The High Court observed that the petitioners should indeed approach the designated arbitrator for redress and, if they do so, the matter should be concluded promptly. Consequently, the writ petition was disposed without granting the monetary reliefs claimed.
Issues considered
- Whether the petitioners are entitled to claim compensation higher than the amount paid by the Land Acquisition Officer for the acquired land.
- Whether the petitioners must approach the Arbitrator‑cum‑Divisional Commissioner for redress of their grievance before seeking relief from the court.
Subjects
- Land Acquisition
- Compensation
- National Highway 119D
- Writ Petition
- Arbitrator
- Solarium Amount
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13172 of 2023
======================================================
1. Ramvilash Yadav S/o Tejan Yadav, R/o Village- Chukka Bigha, P.O. and P.S.
- Belaganj, District - Gaya.
2. Ranjay Kumar, S/o Jagdish Prasad, R/o village- Amjhar, Near Durga
Mandir, P.S. - Belaganj, District - Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Land Reforms Department, Govt. of Bihar.
3. The Collector-cum-District Magistrate, Gaya.
4. The District Land Acquisition Officer-cum-Competent Authority, Gaya.
5. Land Acquisition Officer, Gaya.
6. The Co-ordinator-cum-Project Officer, National High Way Authority of
India, Gaya Division, Gaya.
7. The Circle Officer, Belaganj, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Yadav, Advocate
For the Respondent/s : Mr. Birendra Prasad Singh, AC to SC-19
For the NHAI : Mr. Kumar Goutam, Advocate
Mr. Priyanshu Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 07-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“I. To direct the respondents to make
payment, having multiply four upon the purchase
land bearing Mauza- Alalpur Thana no. 351 Circle
Belaganj Khata no. 167 Plot no.32 Area 4.386
decimal residential land which was purchased vide
Patna High Court CWJC No.13172 of 2023(2) dt.07-04-2026
2/3
Sale deed no.1764 dated 19.02.2018 having paid
consideration money Rs.3,96,000/-. Although the
land Acquisition Officer Gaya (Respondent no.-5)
had paid only meager amount Rs.1,45,370/- only
which has been acquired in NH-119D road
Construction by N.H. A-I vide L.A. Case
No.53/2020-21.
II. To direct the respondents to pay the
solarium amount of Rs. 30,000/- each to the
petitioners as per policy decision.
III. Any other relief (s) for which the
petitioners are entitled for may be given to them.”
3. The matter relates to National Highway No. 119D
(Amas to Ram Nagar four lane construction). The petitioner
owns a piece of land as recorded in paragraph-1 of the petition.
Though pursuant to the award, payment has been taken, the
contention is that it is below the actual amount which was paid
for its purchase.
4. Respondents are unanimous in submitting that the
petitioner ought to have approached the Arbitrator-cum-
Divisional Commissioner, Gaya Division, Gaya for the redressal
of the grievance, if aggrieved.
Patna High Court CWJC No.13172 of 2023(2) dt.07-04-2026
3/3
5. In that background, allowing the petitioner to
approach the concerned Arbitrator, as recorded above, and if
such petition is filed, with a direction to take the same to its
logical conclusion at an earliest, the writ petition stands
disposed of.
(Rajiv Roy, J)
Adnan/-
U
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