Patna High Court
Anup Sagar SinghversusThe Union Of India and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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