Patna High Court

Ruby DeviversusThe State of Bihar

Decided: 31 March 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

A declaration under Section 19 issued without hearing and disposing of objections under Section 15 is a nullity and cannot stand.

Summary

The petitioners, owners of several plots in Village Hansa, objected to the acquisition of their land for a bridge over the Budhi Gandak River under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Their objections were filed under Section 15(1) but the authorities proceeded to issue a declaration under Section 19 on 22‑04‑2025 without disposing of the objections or providing a hearing. The bridge has been constructed, yet the approach road remains incomplete, and the petitioners allege that the acquisition process was arbitrary, illegal and violative of natural justice. The Court noted that a declaration issued without hearing is a nullity and that the respondents should have resolved the objections before moving ahead. It directed the respondents to examine whether the petitioners’ buildings can be saved and emphasized the need for security in constructing the approach road. Consequently, the writ petition was disposed of.

Issues considered

Whether a declaration under Section 19 of the RFCTLARR Act can be validly issued without disposing of objections filed under Section 15.
Whether the failure to provide a hearing to the objectors violates the principles of natural justice.
Whether the petitioners are entitled to any relief concerning the loss of their residential buildings and the incomplete approach road.

Legislation cited

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — s. 11, 15, 19

Subjects

land acquisition
Section 15
Section 19
natural justice
bridge construction
approach road
rehabilitation and resettlement
public purpose

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17315 of 2025
======================================================
1. Ruby Devi W/o - Shri Ajay Kumar, R/o - village- Nagarbasti, P.O. -
Begampur, P.S.- Mathurapur, District- Samastipur, Bihar- 848101.
2. Ranju Devi, W/o- Baldev Purbe, R/o- Village - Ward No.- 09, Purbi Tola
Harinagar, P.O.- Harinagar, P.S.- Harinagar, District- Darbhanga, Bihar-
848203.
3. Manju Devi, W/o - Brij Nandan Mahto, R/o- Village- Chakmehsi Uttara
Sadhi, P.O. - Chakmehsi, P.S.- Chakmehsi, District- Samastipur, Bihar-
848302.
4. Sanjeev Kumar Mahto @ Sanjeev Kumar, S/o Late Madan Murari Mahto,
R/o- Village - Nagarbasti, P.O. - Begampur, P.S. - Mathurapur, District-
Samastipur, Bihar- 848101.
5. Manoj Kumar Mahto, S/o Late Laxmi Mahto, R/o village- Ward No. 08,
Nagarbasti, P.O.- Begampur, P.S. - Mathurapur, District- Samastipur, Bihar -
848101.
6. Vijay Kumar Mahto, S/o Late Laxmi Mahto, R/o village- Ward No. 08,
Nagarbasti, P.O.- Begampur, P.S. - Mathurapur, District- Samastipur, Bihar -
848101.
7. Shatrudhan Mahto, S/o- Late Laxmi Mahto, R/o village- Ward No. 08,
Nagarbasti, P.O.- Begampur, P.S. - Mathurapur, District- Samastipur, Bihar -
848101.
8. Lalo Sah @ Krishna Kumar Saha, S/o- Ram Dayal Sah, R/o village- Ward
No. 08, Nagarbasti, P.O.- Begampur, P.S. - Mathurapur, District- Samastipur,
Bihar - 848101. Currently R/o- Plot No. 39, UGF, FF Block - V, Vishu Vihar,
Uttam Nagar, P.O.- D.K. Mohan Garden, District- West Delhi, Delhi-
110059.
9. Ashok Kumar Garai, S/o- Chandradeo Garai, R/o - village - Ward No. - 08,
Nagarbasti, P.O.- Begampur, P.S.- Mathurapur, District- Samastipur, Bihar -
848101.

... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Chief Secretary, Government of Bihar, Patna.
3. The Secretary, Road Construction Department, Government of Bihar, Patna.
4. The Managing Director, Bihar Rajya Pul Nigam Nirman Limited,
Government of Bihar, Patna.
5. The District Magistrate, Samastipur, District- Samastipur.
6. The Additional Collector, Samastipur, District- Samastipur.
7. The District Land Acquisition Officer, Samastipur, District- Samastipur.
8. The Circle Officer, Warisnagar, District- Samastipur.

... ... Respondent/s
Patna High Court CWJC No.17315 of 2025(4) dt.31-03-2026
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======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar, Adv.
Mr. Kanishk Kaushik, Adv.
Mr. Rajnish Prakash, Adv.
For the Respondent/s : Mr. Sanjeev Kumar, Adv.
For resp. no. 4 : Mr. P.K. Shahi, Sr. Adv.
Mr. Sanjiv Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER

4 31-03-2026 Heard the parties.

2. The present application has been preferred for the

following relief(s):

I. For that Section-15 of the Right
to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and
Resettlement Act, 2013 prescribes provision
of submission of objection to the notification
issued under Section 11 of the 2013 Act,
which the petitioner submitted before the
Additional Collector, Samastipur on
03.05.2024, and before the District
13.09.2024. Land Acquisition Officer,
Samastipur on However, without deciding
and taking a final decision on objection,
declaration under Section-19 was issued on
22.04.2025, which is absolutely nullity in the
eyes of law.
II. For that Section-15 of the
RFCTLARR Act, 2013 prescribes provisions
of providing opportunity of hearing on the
point of written objections but, here, the
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respondent authorities without providing
opportunity of hearing and without disposing
of the objection under Section-15, issued
declaration under Section-19 of the Right to
Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and
Resettlement Act, 2013, which is absolutely
in violation and abrasion of the specific
provisions of the Act of 2013 as well as in
violation of the principles of justice.
III. For that the petitioners
submitted objections to the preliminary
notification on the ground that the land of
Village Hansa, which belongs to the
petitioners, pertaining to Plot No.-870, 871,
872, and 873 are on the eastern side of the
main approach road, whereupon the
petitioners' and others' residential buildings
are situated and if the approach road is
constructed by acquiring land towards the
western side, which is in Village Nagarbasti,
minimum damage would be there, but
without considering the objections raised by
the petitioners, the declaration under
Section-19 of the 2013 Act has been issued.
IV. For that the petitioners came
across a report issued by the Circle Officer,
Warisnagar dated-23.11.2023, wherein the
land of petitioners pertaining to Plot No.
870, 871, 872, and 873 are mentioned and
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the said lands are shown under Category
Bhitha-1 & Bhitha-2 and has not shown any
building, more particularly residential
houses of the petitioners and the petitioners
in their objection clearly highlighted that
their houses are there. But even then without
considering their objection notification has
been issued and notices have been sent to the
petitioners to receive compensation with
respect to the land only.
V. That the entire action of the
respondent authorities are highly arbitrary,
illegal, and dehors the rules and are in
violation of the principles of natural justice
which has caused serious prejudice to the
rights and interest of the petitioners.
3. Multiple petitioners are there and the details of

land stands incorporated in the Notification No. 392 dated

22.04.2025. It relates to construction of a bridge over Budhi

Gandak River under Warisnagar Circle in the district of

Samastipur for which 3.63 acre land were required. The

petitioners found themselves in the said list.

4. The claim is that an objection was preferred under

Section 15(1) of the Land Acquisition, Rehabilitation and

Resettlement Act 2013 (henceforth for short ‘the Act’) but

without disposing it of, the respondents went ahead and the
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contention is that bridge now stands constructed but the

approach part has still not been constructed.

5. The further case of the petitioners is/are is that their

lands is/are on the side of Hansa village. The claim is that if the

respondents had timely taken care of and more acquisition

would have taken place towards the Nagarbasti is concerned,

their constructed buildings would have been saved.

6. The respondents have filed affidavits and there is

no dispute between the parties that the bridge has been

constructed and only the approach road is waiting for its

completion.

7. Section 15 of ‘the Act’ records as under:

15. Hearing of objections. - (1)
Any person interested in any land which has
been notified under sub-section (1) of
Section 11, as being required or likely to be
required for a public purpose, may within
sixty days from the date of the publication of
the preliminary notification, object to-
(a) the area and suitability of land
proposed to be acquired;
(b) justification offered for public
purpose;
(c) the findings of the Social
Impact Assessment report.
(2) Every objection under sub-
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section (1) shall be made to the Collector in
writing, and the Collector shall give the
objector an opportunity of being heard in
person or by any person authorised by him
in this behalf or by an Advocate and shall,
after hearing all such objections and after
making such further inquiry, if any, as he
thinks necessary, either make a report in
respect of the land which has been notified
under sub-section (1) of Section 11, or make
different reports in respect ofdifferent
parcels of such land, to the appropriate
Government, containing his
recommendations on the objections, together
with the record of the proceedings held by
him along with a separate report giving
therein the approximate cost of land
acquisition, particulars as to the number of
affected families likely to be resettled, for the
decision of that Government.
(3) The decision of the appropriate
Government on the objections made under
sub-section (2) shall be final.
8. Further, Section 19 of ‘the Act’ read as follows:

19. Publication of declaration
and summary of Rehabilitation and
Resettlement.-(1) When the appropriate
Government is satisfied, after considering
the report, if any, made under sub-section (2)
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of Section 15, that any particular land is
needed for a public purpose, a declaration
shall be made to that effect, along with a
declaration of an area identified as the
"resettlement area" for the purposes of
rehabilitation and resettlement of the
affected families, under the hand and seal of
a Secretary to such Government or of any
other officer duly authorised to certify its
orders and different declarations may be
made from time to time in respect of different
parcels of any land covered by the same
preliminary notification irrespective of
whether one report or different reports has
or have been made (wherever required).
(2) The Collector shall publish a
summary of the Rehabilitation and
Resettlement Scheme along with declaration
referred to in sub-section (1);
Provided that no declaration
under this sub-section shall be made unless
the summary of the Rehabilitation and
Resettlement Scheme is published along with
such declaration:
Provided further that no
declaration under this sub-section shall be
made unless the Requiring Body deposits an
amount, in full or part, as may be prescribed
by the appropriate Government toward the
cost of acquisition of the land:
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Provided also that the Requiring
Body shall deposit the amount promptly so
as to enable the appropriate Government to
publish the declaration within a period of
twelve months from the date of the
publication of preliminary notification under
Section 11.
3. In projects where land is
acquired in stages, the application for
acquisition itself can specify different stages
for the rehabilitation and resettlement and
all declarations shall be made according to
the stages so-specified.
(4) Every declaration referred to
in sub-section (1) shall be published in the
following manner, namely:-
(a) in the Official Gazette;
(b) in two daily newspapers being
circulated in the locality, of such area of
which one shall be in the regional language;
(c) in the local language in the
Panchayat, Municipality or Municipal
Corporation, as the case may be, and in the
offices of the District Collector, the Sub-
Divisional Magistrate andthe Tehsil;
(d) uploaded on the website of the
appropriate Government;
(e) in the affected areas, in such
manner as may be prescribed.
(5) Every declaration referred to
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in sub-section (1) shall indicate,-
(a) the district or other territorial
division in which the land is situated;
(b) the purpose for which it is
needed, its approximate area; and
(c) where a plan shall have been
made for the land, the place at which such
plan may be inspected without any cost.
(6) The declaration referred to in
sub-section (1) shall be conclusive evidence
that the land is required for a public purpose
and, after making such declaration, the
appropriate Government may acquire the
land in such manner as specified under this
Act.
(7) Where no declaration is made
under sub-section (1) within twelve months
from the date of preliminary notification,
then such notification shall be deemed to
have been rescinded:
Provided that in computing the
period referred to in this sub-section, any
period or periods during which the
proceedings for the acquisition of the land
were held up on account of any stay or
injunction by the order of any Court shall be
excluded:
Provided further that the
appropriate Government shall have the
power to extend the period of twelve months,
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if in its opinion circumstances exist justifying
the same:
Provided also that any such
decision to extend the period shall be
recorded in writing and the same shall be
notified and be uploaded on the website of
the authority concerned.
9. This Court has gone through the facts and

submissions put forward by the parties. It can only record its

anguish on the fact that without putting stamp on proposed

construction, it gets started and the result is that the bridge is

completed but the approach road is missing. In the process,

lakhs of public money has been utilised without it being of any

use to the public.

10. As the bridge has already come up, the

respondents have limited options. However, to be fair to the

petitioners, this Court can only record that if an objection was

there under Section 15 of ‘the Act’, the respondents should

have disposed it of before moving further.

11. This Court requests the respondents to see to it

that when the bridge has already come up, whether there is any

feasibility to save the constructed buildings of the petitioners or

not as in any case, it is a national loss. It is however, made clear

that the security of those pliers who will take that bridge/
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approach road be foremost in the mind of the respondents and

no compromise should be made so far as the construction of the

approach road is concerned.

12. With the aforesaid observation, the writ petition is

disposed of.

13. Pending I.A(s), if any, also stands disposed of.

(Rajiv Roy, J)
Vijay Singh/-

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