Patna High Court
Sri Bhadra Ram Singh alias Bhadraram SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The High Court held that the petitioners must approach the appropriate court under the Arbitration and Conciliation Act, 1996, and therefore disposed the writ petition.
Summary
The petitioners, a group of landowners, filed a writ petition challenging an order dated 25 March 2025 passed by the Divisional Commissioner, Munger, which rejected their claim in Land Acquisition Case No‑33/2021. They sought quashing of that order, re‑classification of the acquired land from “Do Fasla” to commercial, recomputation of compensation at commercial rates per the Minimum Value Report, and interest from possession to payment. The respondents, the State of Bihar and NHAI, argued that the petitioners must approach the appropriate court under the Arbitration and Conciliation Act, 1996 to contest the arbitrator‑cum‑Divisional Commissioner’s decision. The High Court held that the order was an arbitral award and the proper remedy lay in filing a suit under the 1996 Act, granting the petitioners liberty to approach the appropriate court within eight weeks. Consequently, the writ petition was disposed.
Issues considered
- Whether the order dated 25.03.2025 passed by the Divisional Commissioner rejecting the petitioners' case can be quashed.
- Whether the land acquisition award can be modified to re‑classify the land as commercial instead of "Do Fasla".
- Whether compensation must be recomputed at commercial rates as per the Minimum Value Report and interest awarded from possession to payment.
- Whether the petitioners are required to approach a court under the Arbitration and Conciliation Act, 1996 to challenge the arbitrator‑cum‑Divisional Commissioner’s decision.
Legislation cited
Subjects
- Land acquisition
- Compensation
- Commercial land classification
- Arbitration
- Writ petition
- NHAI
- Interest on compensation
- Arbitration and Conciliation Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2071 of 2026
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1. Sri Bhadra Ram Singh alias Bhadraram Singh Son of Late Borhan Singh,
resident of Ward No. - 40, Sarvodaya Nagar, Near Gaytri Mandir, Sarvodaya
Nagar Bishnupur, P.O.- Mirzapur Banduar, P.S.- Begusarai Town and
District- Begusarai.
2. Smt. Pawan Devi, Wife of Sri Bhadra Ram Singh, resident of Ward No - 40,
Sarvodaya Nagar, Near Gaytri Mandir, Sarvodaya Nagar Bishnupur, P.O.-
Mirzapur Banduar, P.S - Begusarai Town and District- Begusarai.
3. Dr. Krishna Kumar Singh, Son of Late Madan Mohan Prasad Singh, resident
of Kachahari Road, Near Allahabad Bank, Ward No. - 35, P.O. and P.S. -
Begusarai Town, District- Begusarai.
4. Dr. Kamani Roy, Wife of Dr. Krishna Kumar Singh, resident of Kachahari
Road, Near Allahabad Bank, Ward No. - 35, P.O. and P.S. - Begusarai Town,
District- Begusarai.
5. Dr. Padmakar, Son of Dr. Ram Yatan Singh, Resident of Mohalla- Gachi
Tola, Shivam Nursing Home, NH-31, Near Power House Chauk, P.S.-
Begusarai Town, District- Begusarai.
6. Kumari Nilam, W/o- Arjun Singh, Resident of village and P.S.- Sihma,
(Shima Barai), P.S.- Matihani District- Begusarai and at Present residing at
Mohalla- Sahjanand Nagar, Ward No. - 40, P.S. - Begusarai Town, District-
Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector, Begusarai.
2. The Divisional Commissioner, Munger.
3. The District Land Acqusition Officer, Begusarai.
4. The Regional Officer Bihar, National Highway Authority of India (NHAI),
1st Floor, D/63, Sri Krishnapuri, Patna.
5. The Project Director, National Highway Authority of India (NHAI),
Deshratna Dr. Rajendra Prasad Road, Barauni, District Begusarai.
6. The Director, Land Acquisition, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhupendra Narain Singh, Adv.
Mr. Saket Kumar, Adv.
For the Respondent/s : Mr. Government Pleader (04)
For NHAI : Mr. Dr. Maurya Vijay Chandra, Adv.
Mr. Gaurav Govinda, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
Patna High Court CWJC No.2071 of 2026(2) dt.09-02-2026
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2 09-02-2026 Heard Mr. Bhupendra Narain Singh, learned counsel
for the petitioner, Mr. Manish Kumar, learned G.P. 4 besides
learned counsel representing the NHAI.
2. The present application has been preferred for the
following relief(s):
(i) The order Dated 25.03.2025
passed by the Divisional Commissioner,
Munger in LA Case No-33/2021 rejecting the
Petitioners case may be quashed?
ii. The Award prepared in the Land
Acquisition Case No 01/2018-19 on the
names of the petitioners may be modified to
the extent that the lands, so acquired may be
categorized as Commercials land and not
"Do Fasla Land" category.
iii. The quantum of compensation
must be decided and pay to the petitioners
afresh based on rate mentioned in Minimum
Value Report (MVR) of the District
Registration Office, Begusarai at the
commercial rate as fixed by the District
Collector, Begusarai.
iv. The permissible rate of interest
may be granted to the Petitioners from the
Date of taking Possession till the realization
of the entire amount.
3. Admittedly, an order has been passed by the
Arbitrator-cum-Divisional Commissioner, Munger in Land
Patna High Court CWJC No.2071 of 2026(2) dt.09-02-2026
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Acquisition Case No. 33 of 2021 (Bhadraram Sing & ors. Vs.
State of Bihar & ors.) (Anexure-P/9 to the petition).
4. Both the learned State counsel as also learned
counsel for ‘the NHAI’ submit that against the said order, the
petitioner has to move before an appropriate Court as per the
Arbitration and Conciliation Act, 1996.
5. Granting said liberty and allowing the petitioner to
approach the concerned Court in next eight weeks, the writ
petition is disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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