Patna High Court
Nand Kishore PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court directed the District Land Acquisition Officer to enforce the arbitration award, recalculate compensation based on the prevailing market value rate, and inform the relevant authorities.
Summary
Petitioners Nand Kishore Prasad and his wife sought enforcement of an arbitration award dated 30‑01‑2025 that directed the State and NHAI to pay compensation for land acquired for a highway project, including market‑value rates for residential land, built‑up area, trees and pumps, and interest thereon. The respondents, including the District Land Acquisition Officer and NHAI, had not complied with the award. The High Court examined whether a writ of mandamus could compel the District Land Acquisition Officer to implement the award and calculate compensation based on the prevailing market value rate (MVR) notified by the State. It held that the officer must exercise his jurisdiction to pay the difference as per the MVR and inform the District Magistrate and NHAI. The Court directed the officer to call upon the NHAI and petitioners, enforce the award, and report the compliance, noting that failure would violate the petitioners' constitutional right to property under Article 300‑A. The writ petition was disposed with the directions granted.
Issues considered
- Whether the District Land Acquisition Officer can be compelled by mandamus to enforce an arbitration award relating to land acquisition compensation.
- Whether compensation must be recalculated based on the prevailing market value rate as directed in the award.
- Whether the petitioners' right to property under Article 300‑A is infringed by the respondents' inaction.
Legislation cited
Subjects
- land acquisition
- arbitration award
- mandamus
- compensation
- market value rate
- Article 300-A
- NHAI
- high court
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2160 of 2026
======================================================
1. Nand Kishore Prasad Son of Late Nandlal Prasad Yadav, resident of Village-
Khedalpura, Neora Road, Jamaluddin Chak, P.S.- Sahpur, District- Patna.
2. Neelam Devi, Wife of Nand Kishore Prasad, resident of Village-
Khedalpura, Neora Road, Jamaluddin Chak, P.S.- Sahpur, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Government of Bihar, Patna.
2. The Arbitrator-cum-Divisional Commissioner, Patna Division, District-
Patna.
3. The District Magistrate, Patna, District- Patna.
4. The Competent Authority-cum- District Land Acquisition Officer, Patna,
District- Patna.
5. The National Highways Authority of India (NHAI), through its Chairman,
New Delhi.
6. The Project Director, National Highways Authority of India, Danapur Bihta
Elevated Corridor Project, PIU, D/63 Sri Krishnapuri, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar, Advocate
For the State : Mr. Shankar Prasad, SC 8
Mr. Anil Kumar, AC to SC 8
For the NHAI : Dr. Anand Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 10-02-2026 Heard Mr. Jitendra Kumar, learned counsel
appearing on behalf of the petitioners; Mr. Shankar Prasad,
learned SC 8 along with Mr. Anil Kumar, learned AC to SC 8
and Dr. Anand Kumar, learned counsel for the NHAI.
2. Petitioners have inter alia prayed for following
reliefs in the paragraphs No.1 of the writ petition:-
“(a) To issue a writ of mandamus or any other
appropriate writ order/direction directing the respondent
Patna High Court CWJC No.2160 of 2026(2) dt.10-02-2026
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authorities, particularly the respondent no.4 the competent
authority-cum-District Land Acquisition Officer, Patna, to
forthwith comply with and implement the Arbitration Award
dated 30-01-2025 passed by the Arbitrator -cum-
Commissioner, Patna Division, Patna in Arbitration Case
No.65/2024 under the National Highways Act, 1956, and to
disburse the lawful compensation along with all statutory
benefits to the petitioners, in terms of the said Award.
(b) To issue a writ of mandamus directing the
respondent authorities particularly the respondent no.4 to
recalculate and pay the compensation amount for the
acquired land (the land contains construction of building)
at Main Road Residential location in accordance with the
prevailing market rate as applicable to Main Road
Residential properties as determined in the aforesaid
Arbitration Award.
(c) To issue a writ of mandamus directing the
respondent authorities to pay full and adequate
compensation for the (a) entire constructed area/built up
structure of 1633.5 square feet, (b) cost of two summer
sable pumps and cost of five standing trees on the acquired
plot.
(d) To issue a writ of mandamus directing the
respondent authorities to pay interest on the compensation
amount as determined by the Arbitrator from the date of the
Arbitration Award (30-01-2025) till the date of actual
payment, or as permitted under applicable law.
(e) To grant any other relief or reliefs for which
the petitioner found entitled to in the facts and
circumstances of the case.”
3. In view of the relief as prayed for in the present
writ petition, as well as, specific direction by the Arbitrator vide
order dated 30.01.2025, duly appointed by the National
Highways Authority of India (NHAI), I find that the Arbitrator
has gone into the material facts and the evidence and has arrived
at a finding that the land which has been acquired is located near
the main road and is residential in nature. The Arbitrator though
has not given a specific description in respect of the MVR
Patna High Court CWJC No.2160 of 2026(2) dt.10-02-2026
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which is prevalent in the area and notified by the State
Government. Learned counsel submitted that in spite of the
specific direction of the learned Arbitrator, the order dated
30.01.2025 has not been complied till date.
4. This Court has no alternative than to direct the District Land
Acquisition Officer, Patna to call upon the competent officer of
the NHAI and the petitioners along with the MVR notified by
the State Government in the vicinity of the land, claimed by the
petitioners having been occupied by the NHAI and see that
against the arbitral order, the NHAI has challenged the same
before the competent civil court. In case, the NHAI has not
chosen to challenge the Award, the District Land Acquisition
Officer in that case is required to exercise his jurisdiction to
make payment of difference of amount on the basis of MVR
prevalent in the area as on the date the land acquired and it is
now admitted that the road is in existence. Inaction on part of
the District Land Acquisition Officer without any reason will
amount to having deprived the petitioners from their right to
property, as provided under Article 300-A of the Constitution of
India. Upon compliance of the order passed by the Arbitrator,
the District Land Acquisition Officer is required to inform the
District Magistrate-cum-Collector, Patna and the Project Director,
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NHAI.
5. With the above direction, the writ petition is
disposed of.
(Purnendu Singh, J)
Sanjay/-
U
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