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Patna High Court

Jitendra YadavversusThe State of Bihar through its Chief Secretary,

Decided
Disposal
DISPOSED

Holding

The court held that the compensation had been deposited with the appropriate authority and directed the petitioners to seek redressal of their grievances from the Land Acquisition Officer, without granting a stay of possession.

Summary

The petitioners, a group of landowners, challenged the acquisition of their land for the extension of an SSB camp, alleging that no compensation had been paid and that possession had been taken. The respondents, including the State of Bihar and SSB officials, contended that the compensation amount of Rs. 32,47,425 had been deposited with the Land Acquisition Rehabilitation Settlement Authority. The court examined the submissions and found that the compensation was indeed deposited, and the petitioners had not raised any objection to the quantum before the authority. Consequently, the court directed the petitioners to approach the Land Acquisition Officer with their grievances regarding compensation within three weeks and to submit relevant documents. The authority was ordered to consider the applications and issue a detailed order within three months, with the petitioners free to approach a higher forum if dissatisfied. The application was therefore disposed without granting a stay or ordering the production of documents.

Issues considered

  • Whether the petitioners are entitled to a stay on the acquisition and possession of their land pending payment of compensation
  • Whether the compensation amount has been paid or deposited as claimed by the respondents
  • Whether the court can direct the petitioners to approach the Land Acquisition Officer for grievance redressal

Legislation cited

Subjects

  • land acquisition
  • compensation
  • stay of possession
  • public purpose
  • writ jurisdiction
  • SSB camp
  • administrative law

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.18231 of 2021
     ======================================================
1.    Jitendra Yadav S/O - Sri Bijali Yadav R/O Vill and P.O. - Phulhar, P.S. -
      Harlakhi, Distt- Madhubani.
2.   Raj Narayan Mahto S/O Late Brahmadeo Mahto R/O - Vill - Gopalpur, P.O.
     - Phulhar, P.S. Harlakhi, Distt- Madhubani.
3.   Shyam Prasad Gupta S/O - Late Sukhdeo Sah R/O - Vill and P.O. - Phulhar,
     P.S. - Harlakhi, Distt- Madhubani.
4.   Bhogendra Sah R/O - Vill and P.O. - Beta Parsa, P.S. - Harlakhi, Distt-
     Madhubani.
5.   Ramchandra Mahto S/O - Late Genalal Mahto R/O Vill and P.O. - Phulhar,
     P.S. - Harlakhi, Distt- Madhubani.
                                                                 ... ... Petitioner/s
                                        Versus
1.   The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna.
2.   The Chief Secretary Govt. of Bihar, Patna.
3.   The Principal Secretary, Department of Home, Government of Bihar, Old
     Secretariat, Patna.
4.   The Principal Secretary, Revenue and Land Reforms Department,
     Government of Bihar, Old Secretariat, Patna.
5.   The Collector, Madhubani.
6.   The Circle Officer, Harlakhi, District- Madhubani.
7.   The Land Acquisition Officer, Madhubani.
8.   The Union of India through Director General, Sashstra Seema Bal, Force
     Headquarter, East Block - V, R.K. Puram, N. Delhi.
9.   The Director General, Sashstra Seema, Bal, Force Headquarter, East Block -
     V, R.K. Puram, N. Delhi.
10. The Inspector General, Frontier Headquarter, Sashstra Seema Bal, Patna.
11. The Commndant 48th Battalion, Sashstra Seema Bal, Jainagar, Bihar.
                                                          ... ... Respondent/s
    ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Chandra Shekhar Singh
     For the Respondent/s   :       Mr. Sajid Salim Khan (SC 25)
     For the SSB            :       Mr. Anshay Bahadur Mathu, CGC
     =====================================================
     CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
     ORAL JUDGMENT
      Date : 07-04-2026
              Heard Mr. Chandra Shekhar Singh, learned counsel for

     the petitioners, the learned SC-25 for the State and Mr. Anshay

     Bahadur Mathur, learned CGC for the respondents.
Patna High Court CWJC No.18231 of 2021 dt.07-04-2026
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                    2. The petitioners have approached this Court for

       directions upon the respondent authorities not to acquire the land

       of the petitioner for the purpose of extension of SSB Camp

       without making payment of compensation and to further direct the

       authority to produce all the documents related to land acquisition

       and abstain from taking possession during the pendency of the writ

       application.

                    3. Learned counsel for the petitioners submits that the

       lands of the petitioners though has been taken for SSB Camp,

       Phoolhar, however, till date no compensation has been paid and

       the possession and construction of boundary wall has been done. It

       has been submitted that the land of the petitioners fall at the side of

       NH 104/227 and are commercial and residential in nature and in

       view of the fact that the compensation is based on a lesser value,

       the said amount has not been paid to the Raiyats including the

       petitioners. It has been submitted that the petitioners and the others

       have been demanding for a higher compensation, however, the

       authorities are not paying the said amount and have also taken

       possession of the said land.

                    4. Learned AC to SC 25 as well as the learned CGC for

       the SSB contend that the amount has already been deposited with

       the authorities and it is the petitioners and others who are not
Patna High Court CWJC No.18231 of 2021 dt.07-04-2026
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       receiving the said amount and from the averment made in the writ

       petition also it would be evident that they have not raised any

       objection with regard to the quantum of compensation.

                    5. The learned CGC has submitted that the acquisition

       process was conducted by the respondent no. 7 in terms of the

       Land Acquisition Act, 1894 and compensation for the entire three

       acres of land was determined at Rs. 31,71,825/- along with an

       additional amount of Rs. 7 lakhs and odd and the said amount has

       been deposited with the respondent no. 7 i.e. the Land Acquisition

       Officer, Madhubani for payment of compensation to the land

       owners including the petitioners. It has been submitted that only

       after getting the certificate of possession and after the land being

       demarcated through precast RCC poles, that the barbed wire

       fencing was carried out, however the petitioners and other

       villagers obstructed the fencing work and the matter was also

       intimated to the District Administration.

                    6. Learned AC to SC 25 submits that despite notice

       issued to all the land owners for payment of compensation in terms

       of the award, nobody including the petitioners came to the office

       of respondent no. 7 for receiving the amount of compensation and,

       therefore, on the instructions of the Collector, Madhubani, the

       entire amount of compensation amounting to Rs. 32,47,425/- has
Patna High Court CWJC No.18231 of 2021 dt.07-04-2026
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       been deposited by the respondent no. 7 before the Land

       Acquisition Rehabilitation Settlement Authority, Darbhanga on

       18.08.2017. It has been submitted that the petitioners have

       alternative remedy, instead they have chosen to approach this

       Court, however, they may be relegated to the respective authorities

       to raise objection with regard to the quantum of compensation.

                    7. Having heard the learned counsel for the parties and

       taking into account the fact that the amount has already been

       deposited with the Land Acquisition Rehabilitation Settlement

       Authority, Darbhanga, the petitioners are directed to approach the

       authority i.e. Respondent No. 7, the Land Acquisition Officer,

       Madhubani with their grievances; especially with regard to the

       quantum of compensation and raise all other grievances bringing

       on record all relevant documents showing their title over the land

       under acquisition, within a period of three weeks from the date of

       this order, along with their representations and the authority

       concern shall consider their applications and after hearing the

       parties, pass a detailed and reasoned order, clarifying the basis of

       such calculation, within a period of three months thereafter.

                    8. The petitioners shall be at liberty to approach

       appropriate forum, if they remain dissatisfied with the order passed

       by Respondent No. 7.
             Patna High Court CWJC No.18231 of 2021 dt.07-04-2026
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                                 9. The application stands disposed of accordingly.



                                               (Sourendra Pandey, J)
krishna/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          10.04.2026
Transmission Date       NA


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