Patna High Court

Dr. Alok Kumar SinghversusThe Union of India

Decided: 31 March 2026
Disposal: DISPOSED
Bench: SOURENDRA PANDEY

Holding

The writ petition is disposed with a direction to the District Magistrate to measure, demarcate, issue notices and pass a reasoned order on compensation, without entertaining the substantive challenges to the acquisition.

Summary

Dr. Alok Kumar Singh and Dr. Madhvi Singh challenged the acquisition of their land by the National Highway Authority of India (NHAI) for a highway widening, alleging that the notification under Section 3A of the National Highway Act, 1956 was issued without proper notice, that compensation was not paid as per the revised 2017 guidelines, and that a notice under Section 37(2) was issued without a hearing. They sought quashing of the notification, revision of the realignment, compliance with compensation guidelines, and a stay on further construction. NHAI contended that notice was duly published in a newspaper and that any grievance should be raised under Section 3G(5) of the Act, not via a writ. The Court held that the factual dispute over the exact land acquired required physical measurement and demarcation, which could not be decided in the writ proceeding. Accordingly, the petition was disposed with a direction to the District Magistrate, Bhagalpur, to order measurement, issue notices to all parties, prepare a map, and pass a reasoned order on compensation, with the possibility of further relief if irregularities are found.

Issues considered

Whether the notification under Section 3A of the National Highway Act, 1956 is valid despite alleged non‑service of notice.
Whether the petitioners can challenge the land acquisition and compensation under Sections 3C/3G(5) of the Act through a writ petition.
Whether compensation must be determined in accordance with the revised guidelines dated 28‑12‑2017.
Whether the notice issued under Section 37(2) of the National Highway Act can be quashed for lack of a hearing.
Whether the court can adjudicate factual disputes concerning land measurement and demarcation in a writ proceeding.

Legislation cited

National Highway Act, 1956 — s. 37(2), 3A, 3C, 3G(5)

Subjects

land acquisition
compensation
notice
National Highway Act
writ petition
demarcation
realignment
hospital project

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18013 of 2021
======================================================
1. Dr. Alok Kumar Singh Son of Abanindra Mohan Singh, resident of Pokhar
Malda, Police Station Barbigha, District Sheikhpura at present Radha Rani
Sinha Road, P.S. Aadampur, District-Bhagalpur.
2. Dr. Madhvi Singh, Wife of Dr. Alok Kumar Singh, resident of Pokhar
Malda, Police Station Barbigha, District Sheikhpura at present Radha Rani
Sinha Road, P.S. Aadampur, District-Bhagalpur.

... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Road Transport and Highways,
Government of India, New Delhi.
2. National Highway Authority of India through its Chairman, New Delhi.
3. The Managing Director (Technical) cum Unit Project Manager, Department,
Bihar, Patna Office of Secretariat, Patna.
4. The District Magistrate, Bhagalpur, District-Bhagalpur.
5. The District Collector Land Reforms, Nath Nagar, District-Bhagalpur.
6. Land Acquisition Officer, Bhagalpur.
7. The Circle Officer, Block-Nathnagar, District-Bhagalpur.

... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate
Mr. Vikram Singh, Advocate
For the Respondent/s : Dr. Anand Kumar, Advocate
Ms. Tooba Hera, Advocate
Mr. Asif Khan, Advocate
Mr. Ramadhar Shekhar, CGC
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL JUDGMENT

Date : 31-03-2026

Heard Mr. N.K. Agarwal, learned senior counsel

assisted by Mr. Vikram Singh, learned counsel for the

petitioners, Dr. Anand Kumar, learned counsel for the NHAI,

Learned AC to AAG-12 on behalf of the State and Mr.

Ramadhar Shekhar, learned CGC for the Union of India.
Patna High Court CWJC No.18013 of 2021 dt.31-03-2026
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2. The petitioners have prayed for the following

reliefs:

“(i) For, issuance of appropriate
writ/order/direction commanding the Respondents
after quashing of the notification under section-3A
of the National Highway, Act 1956 referred herein
after NHAI, ACT published in the Hindustan Times,
(Newspaper) dated 25.07.2019 relating to the land
at Serial No. 126, 130 and 132 being vaguely
described having no Khata Nos as well as without
any other mode of identification of those land
denying the petitioners being the owner/last
purchasers to file his objection before the
Respondents under section 3(C) of the NHAI, Act.
(ii) For, issuance of appropriate
writ/order/direction commanding the Respondents
to consider/ make further enquiry/revise proposal
relating minor realignment/deviation of the
widening of the Road in question over the land of
the petitioners as the Respondents have made
minor realignment/deviation of the proposed four
lane road relating to one local DARGAH falls
between the proposed four lane road in view of
huge investment made by the petitioners for
establishment of SUPERSPECIALITY HOSPITAL
AS WELL AS TRAUMA CENTRE which is only
Hospital proposed to be established within the
radius of District Munger/Bhagalpur/Godda/
Purnea/Deoghar/Dumka and other District for
Patna High Court CWJC No.18013 of 2021 dt.31-03-2026
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which the petitioners have purchased the aforesaid
land for noble cause also for which project report
has already been prepared much prior to aforesaid
notification dated 27.05.2019.
(iii) For, issuance of appropriate
writ/order/direction commanding the Respondents
comply the comprehensive revised guidelines
issued in suppression of all earlier guidelines to
the subject dated 28.12.2017 particularly relating
to compensation payable to the land-owners in its
letter and spirit having the force of law.
(iv) For, issuance of appropriate
writ/order/direction quashing the notice U/s 37(2)
of the NHAI Act passing of the order in BHU WAD
case no.-32/2019-20 without hearing the petitioner
as well as without complying the aforesaid
comprehensive guidelines dt. 28.12.2017
(v) Any other relief/reliefs as your
Lordship may deems fit and proper in the facts and
circumstances in the instant writ application.”

3. Learned Senior counsel for the petitioners submits

that the petitioners are primarily aggrieved by the fact that the

acquisition of the lands of the petitioners has been done behind

their back and no proper notice was served upon the petitioners.

They are further aggrieved that the land, which has been

acquired for construction of the road, was meant for establishing

a Superspeciality hospital as well as trauma centre, however, the
Patna High Court CWJC No.18013 of 2021 dt.31-03-2026
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said noble cause is being frustrated because of the said project

and no land in lieu thereof is being provided to the petitioners. It

has further been submitted that the compensation payable to the

landowners/petitioners has not been made as per the revised

guidelines and, therefore, the petitioners should be suitably

compensated.

4. Learned Senior counsel for the petitioners lastly

submits that the petitioners had also filed an interlocutory

application for a direction upon the NHAI not to carry out any

fresh construction till the dispute with regard to the actual land

being taken under acquisition is decided.

5. Learned counsel appearing on behalf of the NHAI

submits that as far as the grievance of the petitioners that no

notice has been served, the same gets falsified on account of the

fact that a proper notification was issued in the daily

newspapers, which carried the name of the village (mauza) as

well as the plot numbers of the land, which was purposed to be

acquired and therefore, the contention of non-service of notice

cannot be accepted. It has further been submitted that even

going by the representation filed on behalf of the petitioners, it

would be evident that they approached the authorities after more

than one year and in the meantime, the awards were prepared
Patna High Court CWJC No.18013 of 2021 dt.31-03-2026
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with respect to 35 decimals of land. It has been vehemently

submitted by the learned counsel for the NHAI that the

grievance of the petitioners ought to have been raised under

Section 3G (5) of the NHAI Act and a writ petition for the same

is not maintainable.

6. Learned counsel for the NHAI, though, submits

that as far as the factual dispute with regard to the actual land of

the petitioners having been acquired by the NHAI for

construction of such road is concerned, it can only be answered

once the physical spot verification of the land in question is

measured and a proper map is prepared and such grievance

cannot be decided in a writ proceeding. It has, thus, been

submitted that the present writ petition may be disposed off with

a direction to the Revenue Authority to carry out the actual

physical examination of the land of the petitioners and the land

acquired under the said acquisition proceedings and the same be

demarcated in order to settle the dispute forever.

7. Learned Senior counsel for the petitioners does not

oppose such proposal, however, he prays that liberty may be

granted to the petitioners to approach this Court again, if the

grievances are not settled. He further submits that after the

aforesaid measurement a categorical finding with a reasoned
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order be passed by the Authority within a certain time frame.

8. In view of such categorical submissions by the

parties, the writ petition is disposed off with a direction to the

respondent no.4, the District Magistrate, Bhagalpur to get the

lands of the petitioners measured and demarcated, certifying the

areas of the entire land of the petitioners, which has been

acquired by the Government for construction of the National

Highway.

9. It goes without saying that the District Magistrate

shall direct the Circle Officer, respondent no.7 to issue notices

to all the parties concern, including the petitioners, NHAI and

the Land Acquisition Officer, Bhagalpur. The notices shall

contain specific date and time of measurement and an ample

time shall be granted to the parties to be present for such

measurement.

10. The District Magistrate, Bhagalpur, shall pass a

reasoned order taking into account the measurement report

submitted by the Circle Officer along with the Narazi Naksa

(map) clearly marking the lands of the petitioners which have

been acquired.

11. The District Magistrate, Bhagalpur, shall clarify

the total lands of the petitioners which have been acquired by
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the State for the construction of the national highway and the

basis of the calculation of the amount of compensation decided

for being paid to the petitioners as per the acquisition of the said

lands of the petitioners.

12. The District Magistrate, if finds any irregularities

in the calculations, which has already been done, then a fresh

order for payment to the petitioners shall be passed considering

the objections of the petitioners and in consonance with the

report submitted by the Circle Officer.

13. It may be pointed out that if the petitioners find

that the compensation being paid to the petitioners is not correct

and the petitioners are still left with any grievance then they

shall be at liberty to move before the appropriate authority under

the provisions of the NHAI Act and or as advised.

14. The application stands disposed off with the

aforesaid observation.

(Sourendra Pandey, J)
manoj/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 04.04.2026
Transmission Date NA

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