Patna High Court
Naborasul AnsariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
Holding
The court granted the petitioner liberty to approach the concerned authority under Section 64 of the 2013 Act and disposed of the writ petition accordingly.
Summary
The petitioner, Naborasul Ansari, filed a writ petition challenging the award prepared by the Land Acquisition Officer, alleging it violated the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. He sought the setting aside of the award, a fresh award based on market value, payment of 18% interest, and other reliefs. The petitioner relied on a prior order (CWJC No. 16374 of 2021, dated 20.08.2025) where the court had granted liberty to approach the authority under Section 64 of the 2013 Act. The court examined whether the petitioner could be permitted to pursue his claim under Section 64 and whether the delay in filing could be condoned. It held that the petitioner should be allowed to approach the concerned authority under Section 64 and that the delay be condoned in view of the bonafide filing. Consequently, the writ petition was disposed with the liberty to approach the authority, without ordering a fresh award or interest payment.
Issues considered
- Whether the writ petition challenging the land acquisition award should be entertained.
- Whether the petitioner is entitled to liberty to approach the authority under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
- Whether the delay in filing the petition can be condoned.
Legislation cited
Subjects
- land acquisition
- fair compensation
- Section 64
- writ petition
- delay condonation
- interest on award
- rehabilitation and resettlement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16665 of 2021
======================================================
Naborasul Ansari Son of Md. Jahir Ansari, Resident of Village and P.O. and
P.S.- Inarwa, District - West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Revenue and Land Reform, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Revenue and Land Reform,
Government of Bihar, Patna.
3. The Additional Chief Secretary, Road Construction Department,
Government of Bihar, Patna.
4. The Director Land Acquisition, Government of Bihar, Patna.
5. The District Magistrate, West Champaran, Betiah.
6. The Land Acquisition Officer, West Champaran, Betiah.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
For the Respondent/s : Mr. Md. Khurshid Alam ( AAG12 )
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL JUDGMENT
Date : 16-03-2026
Heard the learned counsel for the petitioner and the
respondents.
2. The present writ application has been filed for the
following reliefs:
(I) To issue a Writ/Writs, Order/Orders,
Direction/Directions to the respondent authorities to set aside
the award prepared by the respondent no. 6, because the same
is contrary to the Right to fair compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act,
2013 (Act no. 30/2013);
(II) To issue a Writ/Writs, Order/Orders,
Direction/Directions to the respondent authorities to prepare
fresh award as per the Right to fair compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (Act no. 30/2013);
Patna High Court CWJC No.16665 of 2021 dt.16-03-2026
2/3
(III) To issue a Writ/Writs, Order/Orders,
Direction/Directions to the respondent authorities to consider
the market value of the land as well as price fixed by the
government for the lands of locality;
(IV) To issue a Writ in the nature of Mandamus
commanding and directing the Respondent Authorities to pay
18% interest on the award from the date of acquisition till the
actual payment and
(V) To issue other direction/directions as this
Hon’ble Court may deem fit and proper in the facts and
circumstances of this case.
3. The learned counsel for the petitioner at the outset
submits that in a similar circumstance, the other persons whose
land had been acquired, including the father of the petitioner
namely Md. Jahir Ansari, had also approached this Hon’ble Court
and vide order dated 20.08.2025 passed in CWJC No. 16374 of
2021, this Hon’ble Court has granted liberty to the petitioner to
move before the concerned authority under Section 64 of the 2013
Act. It has been submitted that the present writ petition be
disposed of granting liberty to the petitioner to approach the
concerned authority under Section 64 of the 2013 Act.
4. In view of such submissions, the writ petition is
disposed of with a liberty to the petitioner to approach the
concerned authority as provided under Section 64 of the 2013 Act.
The authorities are directed to consider the petition filed by the
petitioner taking into account the fact that the petitioner had in a
bonafide manner approached this Court by filing the present writ
application in the year 2021 and therefore the competent authority
Patna High Court CWJC No.16665 of 2021 dt.16-03-2026
3/3
shall consider the prayer for condonation of delay keeping in mind
the aforesaid facts and circumstances.
5. The writ application stands disposed of with the
liberty aforesaid.
(Sourendra Pandey, J)
krishna/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.03.2026
Transmission Date
Checking your session…