Patna High Court
Satya Narayan AgrawalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition was disposed of without granting relief, as the matter is pending before an arbitrator.
Summary
The petitioner, Satya Narayan Agrawal, filed a writ petition seeking a direction to the State and NHAI to re‑determine compensation for 0.0578713 hectare of land at a commercial rate instead of the residential rate, and to pay the difference with interest. The petition also referenced an arbitration case (No. 125 of 2022) pending before an arbitrator concerning the same matter. The respondents filed a counter‑affidavit indicating the arbitration is ongoing. The court noted that the arbitration, filed in 2022, remains unresolved and urged the arbitrator to conclude the matter within six months. Consequently, the High Court disposed of the writ petition, refraining from interfering with the arbitration process or ordering a re‑determination of compensation.
Issues considered
- What is the appropriate compensation rate (commercial vs residential) for land acquired under the land acquisition law?
- Does the pending arbitration preclude the High Court from entertaining the writ petition for re‑determination of compensation?
Subjects
- land acquisition
- compensation
- commercial rate
- residential rate
- arbitration
- writ petition
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14630 of 2023
======================================================
Satya Narayan Agrawal Son of Late Kusheshwar Prasad Agrawal, Resident of
Mauza- Madhepur, P.S. Madhepur, District - Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector, Madhubani.
2. The Divisional Commissioner, Darbhanga Division, Darbhanga.
3. The Competent Officer-cum-Additional Collector, Madhubani.
4. The Competent Officer-cum-District Land Acquisition Officer, Madhubani.
5. The Circle Officer, Madhepur, Madhubani.
6. The Project Director, National Highway
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abinash Kumar, Advocate
For the State : Mr. Raj Kishore Roy, GP-18
For the NHAI : Mr. Sriram Krishna, Advocate
: Mr. Shashank Shekhar Kunwar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 07-04-2026 Learned counsel for the petitioner undertakes that he
shall be removing the defect.
2. Heard Mr. Abinash Kumar, learned counsel for the
petitioner and learned State counsel as also learned counsel
representing the National Highway Authority of India.
3. The present petition has been preferred for the
grant of following relief(s):
“for issuance of direction/directions upon
the Respondent authorities to re-determine the
compensation amount at commercial rate
Patna High Court CWJC No.14630 of 2023(2) dt.07-04-2026
2/2
instead of residential rate in acquired land
measuring 0.0578713 Hectare land including
building standing over Khata No.1193, Khesra
No.7972 exclusively belonged to the petitioner,
therefore pay the difference amount along with
stipulated interest to the petitioner.”
4. A counter affidavit has come on behalf of the
respondent nos. 1, 3 and 4 and paragraph no.12 shows that the
petitioner has filed Arbitration Case No. 125 of 2022 which is
pending before the Arbitrator.
5. Learned counsel for the petitioner submits that it
has been filed in the year 2022 but has not been taken to its
logical conclusion yet.
6. We are in the year 2026, it is expected from the
Arbitrator to take the matter to its logical conclusion at an
earliest and preferably within a period fo six months from today.
7. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
Checking your session…