Patna High Court
Manoj Kumar and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the petitioners must first obtain the lease deed correction and then approach the appropriate authority for enhanced compensation, and therefore dismissed the writ petition.
Summary
The petitioners, a group of heirs of the late Mahavir Tanti, filed a writ petition seeking compensation for land acquired by the Road Construction Department for a bridge project, alleging that the compensation paid was based on an undervalued valuation and that the lease deed incorrectly recorded the ward number. They also sought a correction of the lease deed to reflect the proper ward (15 instead of 5) and enhanced compensation. The respondents, including the State of Bihar and various officials, contended that the compensation had already been paid and that any further claim for enhanced compensation required the petitioners to first obtain a correction of the lease deed and then approach the designated arbitrator. The High Court held that the petitioners must first seek the necessary correction at the Daudnagar Registry Office and thereafter approach the appropriate authority, such as the Arbitrator‑cum‑Divisional Commissioner, for the enhanced compensation. Accordingly, the writ petition was disposed, directing the petitioners to pursue their grievance through the proper administrative channels.
Issues considered
- What relief, if any, can the court grant regarding payment of enhanced compensation for land acquired for a public project?
- Whether the petitioners must first obtain a correction of the lease deed before seeking enhanced compensation from the authorities.
Subjects
- land acquisition
- compensation
- lease deed correction
- writ jurisdiction
- road construction
- administrative law
- arbitration
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 13613 of 2017
======================================================
1. Manoj Kumar and Ors
2. Bijay Kumar
3. Suresh Prasad Tanti All sons of Late Mahavir Tanti
4. Gita Kunwar wife of Late Rajendra Prasad, Daughter of Mahavir Tanti All
residents of Tola Ramnagar, Ward No. 15, Daudnagar, District Aurangabad.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. District Magistrate, Aurangabad.
3. Executive Engineer, Road Construction Department, Road Sub Division No.
1, Aurangabad.
4. Deputy Collector, Land Reform-cum-Land Acquisition Officer, Daudnagar,
District Aurangabad.
5. Circle Officer, Daudnagar, Aurangabad.
6. Sub Registrar, Sub Registration Office, Daudnagar, District Aurangabad.
7. The Managing Director, BRPNNL.
8. The Senior Project Engineer, Works Division, Gaya.
9. The Arbitrator-cum-Divisional Commissioner, Magadh Division, Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Chandra Bhaskar, Adv.
For the Respondent/s : Mr. Manoj Kumar Ambastha, SC-26
Mr. Divit Vinod, AC to SC-26
Mr. Santosh Mishra, AC to SC-26
For BRPNNL : Mr. Dr. Anand Kumar, Adv.
Ms. Vijeta Kumari, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
6 02-02-2026 Learned counsel for the petitioners pray for and is
allowed to implead the Arbitrator-cum-Divisional Commissioner,
Magadh Division, Gaya as respondent no. 9 in course of the day.
2. Heard Mr. Santosh Chandra Bhaskar, learned counsel
for the petitioners and Mr. Manoj Kumar Ambastha, learned State
Counsel as also Dr. Anand Kumar representing the Bihar Rajya
Pul Nirman Nigam Limited (BRPNNL).
Patna High Court CWJC No. 13613 of 2017(6) dt.02-02-2026
2/3
3. The present application has been preferred:
for issuance of an appropriate writ,
order or direction, directing and commanding
the respondents to make payment of
compensation of the land acquired by the
Road Construction Department, according to
the valuation done and notified by the
respondents-D.M and Sub. Registrar, which
has been illegally denied by paying
compensation at a lower rate of valuation and
further for any other writ or any direction to
which the petitioners are found fit and
entitled.
4. The matter relates to the construction of HLRCC
bridge over river sone between Daudnagar- Nasirganj road. The
claim of the petitioners is/are two-fold:
(i) necessary correction in the lease deed
(Annexure-1) inasmuch as the area has been
recorded in ward no. 5 which actually should have
been recorded as ward no. 15;
(ii) for enhanced compensation.
5. It is to be noted that in the perpetual lease agreement,
the name of Rammurti Devi, Lalti Devi, Munna Devi and Mina
Devi have been recorded as daughters of Mahavir Tanti but they
are neither the petitioners before this Court nor impleaded as
respondents second set by the petitioners present in the writ
petition.
6. The stand of the respondents is/are that the payments
Patna High Court CWJC No. 13613 of 2017(6) dt.02-02-2026
3/3
have been made and in case, the petitioner further wants enhanced
amount, have to move before the Registry Office for the necessary
correction in the ward number and then to move before the
Arbitrator-cum-Divisional Commissioner, Magadh Division, Gaya
which has been impleaded as respondent no. 9 in the present case.
7. This Court has taken note of the submissions of the
parties and is in line with the stand of the respondents that the
petitioner has to first make necessary correction and then to move
before appropriate authority for the enhanced compensation
prayer.
8. Learned counsel for the petitioner submits that he
shall be taking appropriate steps by firstly moving before the
Registry Office, Daudnagar so that necessary correction is/are
made and they shall make prayer for enhanced compensation.
9. In that background, the writ petition is disposed of
allowing the petitioner to move before the appropriate
authority/Courts for the redressal of the grievance as recorded
above.
(Rajiv Roy, J)
Vijay Singh/-
U
Checking your session…