Patna High Court
Jaglal SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
Since the award for petitioner 2 had already been prepared, the relief sought in the writ petition is deemed satisfied and the petition is disposed, with petitioner 1 directed to approach the appropriate authority for any grievance.
Summary
Petitioners Jaglal Singh and Manish Kumar Ranjan filed a writ petition challenging the acquisition of their lands by the State of Bihar and the National Highways Authority of India (NHAI) for the widening of NH‑2‑2. The State, through a supplementary counter‑affidavit, clarified that no land of petitioner 1 was acquired, while land of petitioner 2 was acquired under Land Acquisition Proceeding No. 23/2022‑2023 and an award had already been prepared. The petition sought compensation under Section 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The Court observed that the award for petitioner 2 satisfied the relief claimed and that petitioner 1 could pursue any grievance against the acquiring authority separately. Consequently, the writ petition was disposed.
Issues considered
- Whether the petitioners are entitled to compensation under Section 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
- Whether the writ petition is maintainable when an award for compensation has already been prepared.
- Whether petitioner 1 can claim compensation when his land was not acquired.
Legislation cited
Subjects
- land acquisition
- compensation
- Section 30
- Right to Fair Compensation Act
- writ petition
- NHAI
- award
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17751 of 2021
======================================================
1. Jaglal Singh S/o Late Bhagwat Prasad Singh, Village - Piprahi, P.S. - Gurua,
Sub Division - Sherghati, District - Gaya.
2. Manish Kumar Ranjan, S/o Late Yadunandan Prasad, Village - Nawada, P.S.
- Sherghati, District - Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The District Magistrate - Cum - Collector, Gaya.
3. Sub-Divisional Officer, Sub-Division, Sherghati, District - Gaya.
4. District Land Acquisition Officer, Gaya.
5. Chairman, National Highways Authority of India.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate.
For NHAI : Mr. Kumar Goutam, Advocate.
Ms. Priyanshu Kumari, Advocate.
For the State : Mr. Arif Daula Siddiqui, AC to SC-25.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 05-01-2026
Heard learned counsel appearing on behalf of the
petitioners, learned counsel for the NHAI and learned counsel
for the State.
2. Mr. Arif Daula Siddiqui, learned counsel
appearing on behalf of the State informs that a supplementary
counter affidavit has been filed on behalf of the respondent no.4
in which specific information has been given in respect of
petitioner no.1 that no land of the petitioner no.1 has been
acquired and as such he is not entitled for any compensation
Patna High Court CWJC No.17751 of 2021 dt.05-01-2026
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solatium in accordance with Section 30 of the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013. He informs that
specific information with respect to acquisition of the land of
petitioner no.2 Manish Kumar Ranjan is contained in Para-9 of
the supplementary counter affidavit that the land of the
petitioner no.2, Manish Kumar Ranjan was included for the
purpose of the project “Widening of NH-2-2 (Aurangabad
Chordahan Section) in respect of Plot No. 240/922, area – 0.44
Acre along with other land situated in village – Barkisaon,
Thana No. 512, P.S. - Amas, Anchal – Amas, District – Gaya.
Accordingly, Land Acquisition Proceeding No. 23/2022-2023
was initiated and an Award No.2 was prepared. Notice was
issued to the recorded owners to submit reasonable relevant
documents to receive the amount of compensation. A copy of
Notification dated 25.03.2022 in respect of Land Acquisition
Proceeding No. 23/2022-2023 has been brought on record by
way of Annexure ‘R/A’ and ‘R/B’ to the supplementary counter
affidavit.
3. The land in question has been claimed by
petitioner no.2 Manish Kumar Ranjan on the basis of a sale deed
dated 16.08.2018. It has further been clarified in Para-11 that the
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land of petitioner no.1 has been excluded, but the land of
petitioner no.2 has been acquired.
4. In view of the admitted position, I find that once
the Award has already been prepared, relief as sought for in the
present writ petition in respect of petitioner no.2 is satisfied. So
far as petitioner no.1 is concerned, he may avail appropriate
remedy, if he is aggrieved by the order passed by the authority
concerned.
5. The writ petition, accordingly, stands disposed
of.
(Purnendu Singh, J)
mantreshwar/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 08.01.2026
Transmission Date NA
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