Patna High Court
Bachchi DeviversusThe Union of India
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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
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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
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in accordance with law, expeditiously.
8. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U
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