Patna High Court
Kailash MahatoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed of; the petitioner must seek redress before the newly impleaded Arbitrator‑cum‑Divisional Commissioner.
Summary
The petitioner, Kailash Mahato, challenged the compensation awarded for land acquired for the Dighwara‑Sherpur link road, alleging that the rate of Rs 2,04,000 per decimal was contrary to the government rate chart which prescribed Rs 3,75,000 per decimal. He also sought compensation under the RFCTLARR Act, 2013, interest on delayed payment and costs against the authorities. The respondents, including the State of Bihar and NHAI, argued that the petitioner should first approach the newly impleaded Arbitrator‑cum‑Divisional Commissioner for redress. The Court allowed the petitioner to implead the Arbitrator as respondent No. 9 and directed that any further grievance be pursued before that authority. Consequently, the writ petition was disposed of without granting any of the reliefs claimed.
Issues considered
- Whether the compensation for the acquired land should be based on the government rate chart of Rs 3,75,000 per decimal instead of Rs 2,04,000.
- Whether the petitioner is entitled to compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
- Whether interest on delayed payment and costs can be awarded against the acquiring authority.
Legislation cited
Subjects
- land acquisition
- compensation
- government rate chart
- RFCTLARR Act
- interest on delay
- costs
- writ petition
- NHAI
- Arbitrator cum Divisional Commissioner
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1612 of 2026
======================================================
Kailash Mahato Son of Late Dukhit Mahto, Resident of Village- Mirpur
Bhual, P.S.- Dighwara, District- Saran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Principal Secretary, Department of Land and Revenue, Govt. of Bihar,
Patna.
3. District Collector-cum-Magistrate, Saran at Chapra.
4. District Land Acquisition Officer, Saran at Chapra.
5. Addl. District Magistrate, Saran, Chapra.
6. Circle Officer, Dighwara, Saran.
7. Chief Engineer, NHAI, New Delhi.
8. Project Manager, NHAI, Saran, Chapra.
9. Arbitrator cum Divisional Commissioner, Saran at Chapra
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Mishra, Advocate
For the Respondent/s : Mr.Standing Counsel (4)
For NHAI : Dr. Maurya Vijay Chandra, Advocate
Mr. Gaurav Govinda, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 02-02-2026 Learned counsel for the petitioner prays for and is
allowed to implead the Arbitrator cum Divisional
Commissioner, Saran at Chapra as opposite party no.09 in
course of the day.
2. Heard Mr. Dhananjay Mishra, learned counsel for
the petitioner and Dr. Maurya Vijay Chandra for the NHAI
beside S.C.-04.
3. The present petition has been preferred for the
following relief/s:
Patna High Court CWJC No.1612 of 2026(2) dt.02-02-2026
2/3
(i) for direction to provide compensation on
the basis of Govt. rate for the Mauza of
Mirpur Bhual as on the rate of Rs. 3,75,000
per decimal in place of Rs. 2,04,000 which is
quite contrary to the Government rate chart.
In view of the frets of the land of petitioner
on Man Road and it is Residential land
situated under Nagar Panchayat Dighwara
bearing Khata No. 103, 17, Khesra No. 32,
623, 624, 627 comes in Mirpur Mual Mauza
Dighwara Saran and the land is acquired for
construction of Dighwara Sherpur link road
in which the compensation has been
ascertained as Rs. 2,04,000/- per decimal
which is quite wrong and the right
compensation as per the Government Chart
is Rs. 3,75,000 per decimals for the ends of
Justice;
(ii) to provide the compensation as per the
RFCTLARR АСТ, 2013;
(iii) to provide the interest on delay
payment;
Patna High Court CWJC No.1612 of 2026(2) dt.02-02-2026
3/3
(iv) to impose heavy cost upon erring
authority who has ignored rate chart of
government and ascertained the
compensation on wrong basis;
(v) to provide any other relief/reliefs for
which the petitioner is entitled for.
3. Learned counsel for the NHAI submits that the
petitioner has to move before the newly added respondent
Arbitrator cum Divisional Commissioner, Saran at Chapra,
respondent no.09 for the redressal of the grievance.
4. In that background, learned counsel for the
petitioner submits that in next four weeks proper steps shall be
taken for filing an appropriate petition before the concerned
respondent.
5. If such petition is preferred, the same shall be
taken to its logical conclusion after noticing/hearing all the
parties.
6. The writ petition is disposed of.
(Rajiv Roy, J)
Ravi/-
U
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