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Patna High Court

Sushil JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is dismissed as the petitioner failed to establish that any land beyond the acquired 1.20 acres was taken without compensation.

Summary

The petitioner, Sushil Jha, filed a writ petition seeking compensation for 25 decimals of land that he alleges were used beyond the 1.20 acres officially acquired for a bridge and earth work on NH‑106. He also requested removal of the alleged illegal construction, a restraining order against further work, and any other relief. The respondents, including the State of Bihar and Union of India, contended that plot No. 88 had already been acquired and compensation paid. The Court observed that the petitioner failed to produce any document establishing the actual area of plot No. 88 or proving that the additional 25 decimals were taken without compensation. Consequently, the Court held that no relief could be granted and directed the petitioner to approach the Collector with appropriate evidence. The writ petition was therefore disposed of.

Issues considered

  • What is the actual area of plot No. 88 and whether the petitioner was deprived of compensation for any excess land used?
  • Can the Court issue a writ directing payment of compensation and removal of construction without proof of excess land?

Subjects

  • land acquisition
  • compensation
  • illegal construction
  • public works
  • NH 106
  • excess land
  • writ petition

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.15408 of 2023
                 ======================================================
                 Sushil Jha Son of Late Bahadur Jha, Resident of Village - Kamalpur, Pipra,
                 P.S. - Pipra, District - Supaul.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary Old Secretariat, Bihar, Patna.
           2.    The Principal Secretary, Revenue and Land Reforms Department,
                 Government of Bihar, Patna.
           3.    The Commissioner, Koshi Division, Saharsa.
           4.    The District Magistrate, Supaul.
           5.    The District Land Acquisition Officer, Supaul.
           6.    The Circle Officer, Pipra, Supaul.
           7.    The Union of India, through the Secretary, Department of Road Transport
                 and Highways, New Delhi.
           8.    The Director, Ministry of Road Transport and Highways, New Delhi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Amarnath Jha, Advocate
                 For the Respondent/s   :        Mrs. Nutan Sahay, AC to AAG-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   13-03-2026                 Heard        Mr.Amarnath Jha, learned counsel for the

                   petitioner and Mrs. Nutan Sahay, learned AC to AAG-12.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for issuance of an appropriate writ

                                            directing the respondents for payment of

                                            compensation to the petitioner for 25

                                            decimals of the land out of khata No. 12 plot

                                            No. 88 mauza Pipra Thana No. 242 Tauji
Patna High Court CWJC No.15408 of 2023(4) dt.13-03-2026
                                           2/3




                                  No. 533/21, P.S. Pipra, District Supaul

                                  which has been used by them in construction

                                  of bridge and in Earth work in connection

                                  with NH 106 while only 1 acre 20 decimals

                                  of the land of the said big plot was but

                                  acquired but 25 decimals more land has

                                  been used;

                                  (ii) for direction upon the respondents to

                                  remove the illegal construction and earth

                                  work done on 25 decimals more land than

                                  the acquired land if the petitioner is not

                                  compensated;

                                  (iii) for any other relief(s)/ order/orders to

                                  which the petitioner may be found entitled in

                                  the facts and circumstances of the case;

                                  (iv) for restraining the respondents from

                                  further construction on the aforesaid land

                                  till disposal of the present writ application..

                        3. The State counsel with the help of counter affidavit

          submits that paragraph-06 which records that plot no.88 has

          been acquired and compensation has already been paid to the

          petitioner.
         Patna High Court CWJC No.15408 of 2023(4) dt.13-03-2026
                                                    3/3




                                4. The claim of the petitioner is that the plot is not

                   1.20 but excess of it for which payment has not been made.

                   However, there is nothing on record to show what is the actual

                   area of plot no.88.

                                5. In that background, no relief can be extended to the

                   petitioner. If he is able to produce the document and show that

                   the plot no. 88 is an excess of 1.20 can very well agitate the

                   matter before the Collector, Supaul (respondent no.04) in this

                   regard.

                                6. With the aforesaid observation, the writ petition is

                   disposed of.



                                                 (Rajiv Roy, J)
Ravi/-

U


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