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Patna High Court

Satya Narayan AgrawalversusThe State of Bihar

Decided
Disposal
DISPOSED

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


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