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Patna High Court

Bashiruddin @ Md. BashiruddinversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition was disposed of without adjudicating the merits of the petitioner's claim.

Summary

Bashiruddin filed a writ petition in the Patna High Court seeking to quash an order dated 31.03.2017 passed by the Arbitrator‑Additional Collector of Aurangabad, which rejected his claim for compensation on a commercial rate for land acquired by the NHAI. The petitioners alleged that the arbitrator's order should be set aside and that the respondents should be directed to pay compensation at the commercial rate. The State counsel argued that the arbitrator's order falls within the ambit of Section 34 of the Arbitration and Conciliation Act, 1996, and thus can be challenged in court. The Court, after hearing the parties on 7 January 2026, granted the liberty sought by the State counsel but did not examine the merits of the compensation claim. Consequently, the writ petition was disposed of without any substantive ruling on the petitioner's entitlement.

Issues considered

  • Whether the order of the Arbitrator‑Additional Collector can be challenged under Section 34 of the Arbitration and Conciliation Act, 1996.
  • Whether the petitioner is entitled to compensation at the commercial rate for land acquired by the NHAI.

Legislation cited

Subjects

  • Arbitration
  • Compensation
  • Land Acquisition
  • Commercial Rate
  • Writ Petition
  • Section 34
  • High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.20620 of 2019
                 ======================================================
                 Bashiruddin @ Md. Bashiruddin S/o Late Quamruddin R/o Village-Darzi
                 Bigha, P.S. Madanpur, District-Aurangabad, at present R/o Near Masjid
                 Village Noamundi, P.O. Noamundi Bazar, Kotgarh West Singhbhum,
                 Noamundi Bazar, Jharkhand

                                                                                  ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Land Revenue and
                 Reforms Deptt. Govt. of Bihar, Patna
           2.    The Competent Officer cum Land Reforms Deputy Collector Aurangabad
           3.    The Project Director N.H. Government of India, Dhanbad Zone
           4.    The Arbitrator Additional Collector Aurangabad

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Firoz Ahmad, Adv.
                 For the Respondent/s   :        Mr. Dhurjati Kr. Prasad, GP-14
                 For NHAI               :        Mr. Dr. Anand Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   07-01-2026                  Heard the parties.

                               2. The present application has been preferred:

                                                      for quashing (content in the dated
                                            order 31.03.17 Annexure-3) of the Arbitrator
                                            Additional collector Aurangabad passed in
                                            LA Case no. 141/16-17 by which the claim of
                                            the petitioner for payment of compensation
                                            on     commercial         rate         been         has
                                            rejected/dismissed and for a direction to the
                                            respondents to pay the compensation on
                                            commercial of the land rate of the petitioner
                                            acquired by the N.H. Govt. of India in the
                                            circumstances set forth below.
                               3. At the outset, learned State Counsel submits that an
           Patna High Court CWJC No.20620 of 2019(3) dt.07-01-2026
                                                      2/2




                     order has been passed by the Arbitrator-cum-Additional

                     Collector, Aurangabad and in that background, he has to invoke

                     Section 34 of the Arbitration and Conciliation Act.

                                 4. Granting said liberty and without commenting on

                     the merit of the case, the writ petition is disposed of.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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