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Patna High Court

Anup Sagar SinghversusThe Union Of India and Ors

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed of, with the petitioner directed to approach the appropriate authority for redressal.

Summary

The petitioner, Anup Sagar Singh, challenged a notice fixing compensation of Rs 1,673,130.50 for his 25.5‑decimal land acquired for the widening of NH‑84, alleging that the land was classified as agricultural despite being of commercial character and having a higher market value. He sought a writ of certiorari to quash the notice, to direct payment of compensation based on commercial valuation with 15% interest, and to set aside a six‑member committee report that treated his land as agricultural. The court noted that the petition had been pending since 2018 and, after hearing counsel, granted liberty to approach the appropriate authority for redressal. It held that the writ petition stood disposed of without granting the specific reliefs claimed. Consequently, the petitioner was directed to seek remedy through the proper administrative channel.

Issues considered

  • Whether the notice fixing compensation treating the land as agricultural is legally valid.
  • Whether the land should be valued as commercial under the Market Value Register for compensation.
  • Whether the six‑member committee report classifying the land as agricultural can be quashed.
  • Whether the petitioner is entitled to interest on the compensation amount.

Subjects

  • land acquisition
  • compensation
  • commercial vs agricultural land
  • NHAI
  • writ petition
  • certiorari
  • interest on compensation
  • six‑member committee

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.20829 of 2018
                 ======================================================
                 Anup Sagar Singh son of Tej Narayan Singh, Resident of Village- Barki
                 Kotiya, P.O. Upadhayaypur, P.S. Buxar, District- Buxar.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The Union Of India.
           2.    The Secretary, Ministry of Road Transport and National Highway, New
                 Delhi.
           3.    The State of Bihar.
           4.    The Collector, Buxar.
           5.    The Additional Collector, Buxar.
           6.    The District Land Acquisition Officer, Buxar-Cum- Competent Authority.
           7.    The Sub- Registrar, Registry Officer, Buxar.
           8.    The Project Director, Patna N.H.I. New Delhi.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Aditya Narayan Singh-1, Advocate
                 For the Respondent/s    :     Mr. Sajid Salim Khan -SC-25
                 For the NHAI            :     Mr. Sanat Kumar Mishra, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   13-01-2026                 Heard the parties.

                               2. The present petition has been preferred for the

                   following relief(s):

                                             “a) For issuance of appropriate writ,

                                  rule in the nature of certiorari by quashing the

                                  notice issued under the signature of respondent

                                  no.6, by which compensation amount in respect of

                                  the land has been fixed as Rs. 1673130.50(Sixteen

                                  lakhs seventy three thousand one hundred thirty
Patna High Court CWJC No.20829 of 2018(2) dt.13-01-2026
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                          and fifty paise) in respect of the land of the

                          petitioner measuring an area 25.5 decimal bearing

                          Khata No. 15, Khesara No. 223, Thana No. 147,

                          situated under mauza Chanda, P.S. Dumrao,

                          District-Buxar which has been acquired for

                          widening N.H. 84 by the respondents authority,

                          treating the land of the petitioner as Agricultural

                          land on the basis of Khatiyan whereas the land of

                          petitioner is just beside the road and its registry

                          value is fixed as commercial in the M.V.R. without

                          hearing the objection of the petitioner.

                                      b) For issuance of appropriate writ, rule

                          or    direction        commanding   the    respondents

                          authorities to to the provide the compensation

                          amount petitioner along with 15% interest in

                          respect of land of the petitioner on the basis of

                          market value/valuation fixed in M.V.R. since the

                          land of the petitioner is commercial purpose,

                          moreover the land which has situated beside the

                          land of the petitioner has been treated as

                          commercial.

                                      c) For quashing the Six men committee
          Patna High Court CWJC No.20829 of 2018(2) dt.13-01-2026
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                                    report dated 09.08.2016 by which lands of the

                                    petitioner has been treated as agricultural without

                                    considering the facts that beside the lands of the

                                    petitioner has been shown as agricultural.

                                                d) For grant of relief/ reliefs as the

                                    petitioner is found entitled.”

                                3. After some argument, learned counsel for the

                    petitioner submits that steps shall be taken for approaching

                    appropriate authority for the redressal of the grievance.

                                4. Granting said liberty and if such petition is filed it

                    has to be taken note that the writ petition was pending since the

                    year 2018 while dealing with the limitation petition, the writ

                    petition stands disposed of.



                                                  (Rajiv Roy, J)
Adnan/-

U


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