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Patna High Court

Bachchi DeviversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The court held that the authorities must ascertain if the land was lawfully acquired and, if so, provide compensation, without granting an immediate injunction.

Summary

Bachchi Devi filed a writ petition seeking an injunction against the Union of India and railway authorities to stop the construction of an Automatic Block Signal Relay (ABS) Room on her purchased land, alleging that the railway contractor demolished her structure and crops without any notice or lawful acquisition. She claimed she was in possession of the land and that no compensation had been offered. The court noted the absence of any notice or published acquisition proceeding and directed the General Manager of East Central Railway, the Principal Chief Engineer, and the District Collector to verify whether the land had been acquired in accordance with law. If acquisition was lawful, the court ordered that the petitioner be compensated for the area taken. The petitioner was also advised to file a detailed representation before the competent authorities, which were instructed to dispose of it expeditiously. The application was ultimately disposed of by the court.

Issues considered

  • Whether the construction of the ABS Room on the petitioner's land without notice constitutes illegal acquisition.
  • Whether the petitioner is entitled to an injunction and compensation for demolition of her structure and crops.
  • Whether the authorities complied with the procedural requirements under land acquisition law.

Subjects

  • land acquisition
  • injunction
  • compensation
  • railway construction
  • automatic block signaling
  • illegal demolition
  • writ petition
  • civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.20551 of 2025
                 ======================================================
                 Bachchi Devi W/o Late Shatrughan Prasad Singh@Shatrughan Singh,,
                 resident of Ward No. 5, Shivnar, P.S. Shivnar, District-Patna.

                                                                       ... ... Petitioner/s
                                                Versus
           1.    The Union of India through the Secretary, Rail Bhawan, Rai Sina Road,
                 New Delhi-110001.
           2.    The Divisional Railway Manager, Danapur, Patna.
           3.    The General Manager, East Central Railway, Hajipur, Vaishali.
           4.    The Principal Chief Engineer, East Central Railway, Hajipur, Vaishali.
           5.    The Additional Chief Secretary, Revenue and Land Reforms Department,
                 Government of Bihar, Patna.
           6.    The Collector, Patna.
           7.    The Circle Officer, Mokama, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Sanjeeb Kumar Sanju, Advocate

                                               Mr. Sunil Kumar, Advocate

                                               Mr. Bhaskar Sandilya, Advocate

                 For the Railway         :     Mr. Anshay Bahadur Mathur, CGC

                 For the Respondent/s    :     Mr. Sarvesh Kr. Singh, AAG 13

                                               Mr. Arya Achint, AC to AAG 13

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   06-01-2026                      Heard Mr. Sanjeeb Kumar Sanju, along with Mr.

                   Sunil Kumar, learned counsels appearing on behalf of the

                   petitioner; Mr. Anshay Bahadur Mathur, learned counsel

                   appearing on behalf of the Railway and Mr. Sarvesh Kr. Singh,

                   learned senior counsel along with Mr. Arya Achint, learned AC

                   to AAG 13 for the State.
Patna High Court CWJC No.20551 of 2025(2) dt.06-01-2026
                                           2/4




                         2. The petitioner in paragraph no. 1 of the present

          writ petition has sought inter alia the following relief(s), which

          is reproduced hereinafter:-

                                          “1. That this is an application for issuance of a
                                          proper writ or writs, direction or directions,
                                          order or orders to the respondents not to
                                          construct Automatic Block Signal Relay Room
                                          (herein after called ABS Room) over the
                                          petitioner's purchased land through registered
                                          Sale-deed situated at Village- Shivnar, Thana No.
                                          31, Khata No. 1067, Khesra No. 1779, Area 45
                                          decimal registered in the name of Late Ajnasho
                                          Devi, who is mother-in-law of the petitioner.
                                          For a further direction to restrain the
                                          respondents from constructing Automatic Block
                                          Signal Relay Room over the petitioner's
                                          purchased land that too without any proper
                                          acquisition and without paying compensation to
                                          the petitioner.”



                         3. Learned counsel appearing on behalf of

          petitioner submitted that the petitioner claims that he is in

          possession of plot nos.1781 and 1779 (detailed in para-12 to the

          writ petition) having a constructed structure over the said piece

          of land. The petitioner is aggrieved by the demolition of

          structure and destruction of the crops grown over the said land,

          as a result of illegal act of the contractor of the Indian railways.

                         4. He further submitted that the contractor of the

          Indian railways had informed him that the alleged demolition

          has been done for construction of Automatic Block Signal Relay

          Room (hereinafter referred to as the ‘ABS Room’) over the

          petitioner's land. It is the case of the petitioner that before taking
Patna High Court CWJC No.20551 of 2025(2) dt.06-01-2026
                                           3/4




          such an extreme action, no notices were served to him nor any

          notice was published in the newspaper in respect of acquisition

          of the land belonging to the petitioner, which calls for

          interference of this Court.

                         5. Considering the aforesaid information, it appears

          that even the petitioner was not ignorant about any steps taken

          for acquisition of the land belonging to the petitioner rather he

          was not informed about the action taken by the authority

          concerned, requires interference of this Court.

                         6. I find it proper to direct the General Manager,

          East Central Railway, Hajipur, Vaishali; the Principal Chief

          Engineer, East Central Railway, Hajipur, Vaishali and the

          District Collector, Patna to see whether the land of the petitioner

          has been acquired, if acquired the same is in accordance with

          law. In case the land of the petitioner has been acquired in

          accordance with law then the petitioner is required to be duly

          compensated for the area, which has been acquired for the

          purpose of construction of ABS Room over his land.

                         7. The petitioner, if so advised, may also file a

          detailed representation before the competent authorities

          concerned. The authorities concerned, in that case, are directed

          to dispose of the representation filed on behalf of the petitioner,
           Patna High Court CWJC No.20551 of 2025(2) dt.06-01-2026
                                                      4/4




                     in accordance with law, expeditiously.

                                 8. Accordingly, the present application stands

                     disposed of.



                                               (Purnendu Singh, J)
Ashishsingh/-

U


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