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Patna High Court

Bhushan RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioners must file individual applications with the District Land Acquisition Officer, providing requisite documents, and the officer must decide the compensation claims within four months; the writ petition is therefore disposed.

Summary

The petitioners, a group of landowners from Manpura village, filed a writ petition seeking a direction for the State of Bihar and the NHAI to pay compensatory amounts for land acquired for the construction of NH‑139(W). They alleged that despite the acquisition process, compensation had not been paid. The State and NHAI counsel argued that the petition lacked specific details of each petitioner's land, making it impossible to adjudicate the claim. The Court directed the petitioners to approach the District Land Acquisition Officer individually, furnishing all relevant documents within four weeks, and ordered the officer to resolve each claim within four months. Consequently, the writ petition was disposed of without an immediate order for compensation, pending the petitioners' individual applications.

Issues considered

  • Whether the petitioners are entitled to compensation for land acquired for NH‑139(W) under the applicable land acquisition law.
  • Whether the Court can directly order payment of compensation in the writ petition absent detailed individual claims.

Subjects

  • land acquisition
  • compensation
  • NHAI
  • NH‑139
  • civil writ jurisdiction
  • Bihar
  • procedural order

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.20900 of 2025
     ======================================================
1.    Bhushan Rai Son of Late Ram Deni Rai @ Late Ramdent Rai, Resident of
      the Village- Manpura, P.O. - Tarwamangarpal, P.S.- Dariyapur in the district
      of Saran (Bihar).
2.   Ahilya Devi, Wife of Abhimanu Rai, Resident of the Village- Manpura,
     P.O.- Tarwamangarpal, P.S.- Dariyapur in the district of Saran (Bihar).
3.   Vikash Kumar, Son of Late Awadhesh Rai, Resident of the village-
     Manpura, P.O. - Tarwamangarpal, P.S. - Dariyapur in the district of Saran
     (Bihar).
4.   Jagadish Sah, Son of Late Bajnath Sah, Resident of the Village- Manpura,
     P.O. - Tarwamangarpal, P.S. Dariyapur in the district of Saran (Bihar).
5.   Veerendra Rai, Son of Late Ram Balak Rai, Resident of the village -
     Manpura, P.O. - Tarwamangarpal, P.S.- Dariyapur in the district of Saran
     (Bihar).
6.   Anil Rai, Son of Late Ramdev Rai, Resident of the Village- Manpura, P.O.-
     Tarwamangarpal, P.S.- Dariyapur in the district of Saran (Bihar).
7.   Vishwanath Rai, Son of Late Ram Ishwar Rai, Resident of the Village-
     Manpura, P.O.- Tarwamangarpal, P.S.- Dariyapur in the district of Saran
     (Bihar).
8.   Yadunath Mahto, Son of Late Ganesh Mahto, Resident of village-
     Mangarpal, (Nuran), P.O. - Tarwamangarpal, P.S.- Dariyapur in the district
     of Saran (Bihar).
9.   Raj Kishor Mahto, Son of Late Ram Swaroop Mahto, Resident of Village-
     Mangarpar, P.O.- Tarwamangarpal, P.S.- Dariyapur in the district of Saran
     (Bihar).
10. Ram Sundra Rai, Son of Late Raghu Rai, Resident of the Village- Manpura,
    P.O.- Tarwamangarpal, P.S.- Dariyapur in the district of Saran (Bihar).
11. Harendra Prasad, Son of Late Ram Sakal Sah, Resident of the Village-
    Manpura, P.O.- Tarwamangarpal, P.S.- Dariyapur in the district of Saran
    (Bihar).
12. Rajendra Rai, Son of Ram Nepal Rai, Resident of the village- Darvesha
    (Sikandra), P.O. - Tarwamangarpal, P.S.- Dariyapur in the district of Saran
    (Bihar).

                                                           ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through the Principal Secretary, Revenue and Land
     Reforms Department, Govt. of Bihar, Patna.
2.   The District Collector-cum-District Magistrate, Saran at Chhapra.
3.   The District Land Acquisition Officer, Saran at Chhapra.
4.   The Circle Officer at Dariyapur, Saran.
5.   The Zonal Director, NHAI, Patna.
         Patna High Court CWJC No.20900 of 2025(2) dt.12-01-2026
                                                    2/4




                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Shiv Shankar Prasad Yadav, Advocate
                 For the State             :      Mr. Asif Kalim, AC to AAG 12
                 For the NHAI              :      Mr. Sriram Krishna, Advocate
                                                  Mr. Prabhat Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   12-01-2026                          Heard Mr. Shiv Shankar Prasad Yadav, learned

                   counsel appearing on behalf of the petitioner; Mr. Asif Kalim

                   learned AC to AAG 12 for the State and Mr. Sriram Krishna

                   along with Mr. Prabhat Kumar Singh, learned counsels for the

                   NHAI.

                                 2. Petitioners have inter alia prayed for following

                   reliefs in the paragraphs No.1 of the writ petition:-

                                               “.That through the present application, the

                                    petitioners "PRAY" to the Hon'ble Court do DIRECT all the

                                    respondents in general and the respondent No.03 to 05 in

                                    particular to pay the compensatory amounts to them

                                    against their lands acquired/to be acquired for the

                                    construction of the NH 139 (W) (to be situated from 0 km to

                                    18.077) upto NH-19. Due to the non-payments of the same,

                                    the petitioners as well as other common farmers have got

                                    aggrieved so this application has preferred for needful.”




                                 3. It is the case of the petitioners that process has been

                   undertaken to acquire the land for the proposed construction of
Patna High Court CWJC No.20900 of 2025(2) dt.12-01-2026
                                               3/4




          NH-139(W) but the compensation amount has eluded them.

                       4. Both the learned State Counsel as also learned

          counsel for ‘the NHAI’ submits that the details of the land of the

          each petitioner(s) is/are missing and in that background, unless

          they approach separately along with all the relevant documents,

          it may not be possible for any one much less the respondent no.

          3, the District Land Acquisition Officer, Saran at Chapra to

          decide it.

                       5. Learned counsel for the petitioners submit that they

          shall be individually approaching the respondent- District Land

          Acquisition Officer, Saran at Chhapra within a period of four

          weeks.

                       6.        In         case,    the      petitioners        approach

          separately/individually along with the relevant documents after

          hearing all the concerned parties, the respondent-District Land

          Acquisition Offier, Saran at Chhapra is duty-bound to take the

          matter to its logical conclusion within a period of next four

          months.

                       7.   If        the    petitioner(s)   is/are   entitled    to   the

          compensation, it goes without saying that the said process has to

          be completed at an earliest.

                       8. The writ petition is disposed of with aforesaid
           Patna High Court CWJC No.20900 of 2025(2) dt.12-01-2026
                                                      4/4




                     observation.

                                 9. Interlocutory Application(s), if any, also stands

                     disposed of.


                                               (Purnendu Singh, J)

Sanjay/-

U


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