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Patna High Court

Pankaj Kumar SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The arbitrator’s order is upheld and the writ petition is dismissed.

Summary

The petitioner, Pankaj Kumar Singh, claimed ownership of two parcels of land that were acquired for the widening of National Highway 104 and were classified as agricultural land. His mother had earlier approached the Arbitrator‑cum‑Divisional Commissioner, alleging that the land should be treated as commercial and thus merit higher compensation, but the arbitrator rejected the claim on 15‑01‑2024 for lack of supporting documents. The petitioner filed a writ petition seeking quashing of that arbitration order and compensation at commercial rates. The State and NHAI contended that the arbitrator’s order was reasoned and based on the evidence, and that the petitioner had not filed an objection under Section 3A of the National Highway Act, 1956. The High Court, after reviewing the submissions, held that the petitioner had failed to establish any differential treatment or merit in his claim and therefore dismissed the writ petition.

Issues considered

  • Whether the order of the Arbitrator‑cum‑Divisional Commissioner dated 15‑01‑2024 can be quashed on the ground of procedural lapse.
  • Whether the petitioner is entitled to compensation at commercial land rates for the acquired land.
  • Whether the petitioner complied with the requirement of filing an objection under Section 3A of the National Highway Act, 1956.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • commercial land
  • arbitration
  • writ petition
  • National Highway Act
  • quashing order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.18363 of 2025
                 ======================================================
                 Pankaj Kumar Singh Son of Late Kameshwar Prasad Singh, Resident of
                 Village- Bhatahan, P.S. Sheyampur Bhatahan, District- Sheohar.
                                                                           ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through Principal Secretary, Land Reforms Department,
                  Government of Bihar, Patna.
           2.    The Arbitrator-cum-Divisional Commissioner, Tirhut Division, Muzaffarpur.
           3.    The District Magistrate, Sheohar.
           4.    The District Land Acquisition Officer, Sheohar.
           5.    The Anchal Adhikari, Dumri Katsari Anchal, District- Sheohar.
           6.     The National Highway Authority of India, Patna through its Chairman.
                                                                          ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Md. Anisur Rahman, Advocate
                 For the State            :        Mr. Government Pleader (11)
                                          :        Ms. Dimpal Kumari, AC to GP-11
                 For the NHAI             :        Mr. Gaurav Govinda, Advocate
                                          :        Ms. Preety Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   31-03-2026                    Heard the parties.

                                 2. The present petition has been preferred for the grant

                   of following relief(s):

                                              “(i) for issuance of appropriate writ/ order

                                        or direction quashing the order dated 15.01.2024

                                        passed in Arbitration (Land Acquisition) case no.

                                        86/2019 passed by the Respondent no. 2 the

                                        Arbitrator-cum-Divisional Commissioner, Tirhut

                                        Division, Muzaffarpur who has rejected the case

                                        filed by the petitioner's mother (Rampari Devi)

                                        on the ground that the petitioner did not filed

                                        Objection petition under section-3A of the
Patna High Court CWJC No.18363 of 2025(3) dt.31-03-2026
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                             National Highway Act-1956 as contained in

                             Annexure-P/7 to this writ application.

                                         (ii) for issuance of appropriate writ/

                             order or direction commanding the respondents

                             to make payment of compensation amount to the

                             petitioner at the rate of commercial land as the

                             land of the petitioner has been situated in

                             commercial area.

                                         (iii) for issuance of appropriate writ/

                             order or direction commanding the respondents

                             to make payment of compensation amount at

                             appropriate rate of the land acquired by the

                             respondents for widening the National Highway

                             No. 104 (Banjaria-Sheohar).

                                         (iv) for any other relief or reliefs for

                             which the petitioner is found entitled in the

                             opinion of this Hon'ble court.”

                      3. The petitioner claims to be owner of piece land

          having Khata No.273, Khesra No.2913/3424 (area 0.030

          hectare) and Khata No. 274, Khesra No. 3380 (area 0.004

          hectare) in the village-Bhathan, Circle-Dumri Katsari, District-

          Sheohar.

                      4. The land in question was taken over for the
Patna High Court CWJC No.18363 of 2025(3) dt.31-03-2026
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          widening of the National Highway-104 (Banjaria-Sheohar) and

          accordingly notification issued relating to land acquisition case

          no. 01 of 2014-15 by the office of the District Land Acquisition

          Officer, Sheohar. The land of the petitioner was put in the

          category of agricultural land.

                      5. Five years later, being aggrieved by the said

          categorization, the mother of the petitioner, Rampari Devi

          moved       before     the     Arbitrator-cum-Commissioner,   Tirhut

          Division, Muzaffarpur in Arbitration Case No. 86 of 2019

          (Rampari Devi vs. The State of Bihar & Ors.). It was taken up on

          15.01.2024 and the Arbitrator came to the conclusion that though

          the claim has been made for treating it as a commercial land, no

          document was produced to support the said claim.

                      6. It further recorded that after the notification was

          issued, there was no objection from the petitioner/family

          members whereafter it was categorized as agricultural land and

          accordingly payments made.

                      7. In that background, the claim of the petitioner’s

          family was negated with the direction to the District Land

          Acquisition Officer, Sheohar to move ahead in the matter.

                      8. Aggrieved, the present writ petition.

                      9. Learned counsel for the petitioner submits that only

          because of delay, an order has been passed and needs to be
            Patna High Court CWJC No.18363 of 2025(3) dt.31-03-2026
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                      quashed.

                                  10. Learned State counsel as also learned counsel

                      representing ‘the NHAI’ refutes the same and has taken this

                      Court to the order dated 15.01.2024 to submit that it is a

                      reasoned order and the Arbitrator-cum-Divisional Commissioner,

                      Tirhut Division, Muzaffarpur has taken note of the entire facts

                      and came to the conclusion that no document/evidence has come

                      forward to support the claim and accordingly, rejected the claim

                      which needs no interference.

                                  11. This Court has taken note of the entire facts and is

                      in conformity with the submissions put forward by the learned

                      counsel for the State as also ‘the NHAI’. The petitioner/family

                      members have definitely missed the bus. No further point has

                      been put forward by the petitioner to show that anyone in the

                      vicinity and/those closed to his land have been treated

                      differently.

                                  12. In that background, no relief can be extended to

                      the petitioner. The writ petition is accordingly dismissed.



                                                    (Rajiv Roy, J)
vinayak/-

U


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