Patna High Court
Sanjay Kumar SinghversusThe Principal Secreary,
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the respondents must pay the determined compensation of Rs. 8,70,144 to the petitioner within the stipulated time, failing which they would be in contempt.
Summary
Petitioner Sanjay Kumar Singh filed a writ petition seeking compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for 6.8 decimal of his residential land that was used to construct an approach road for a bridge over the Ganga. The High Court directed the respondents to file affidavits to determine whether the land had been taken and whether compensation was payable. The affidavits confirmed the land was used and that the petitioner was entitled to Rs. 8,70,144 as compensation. The Court ordered the respondents to deposit the amount in the petitioner’s account within seven days, later extending the deadline by three days, and warned that failure to comply would attract contempt. The writ petition was subsequently disposed of with the observation that the payment must be made as directed.
Issues considered
- Whether the petitioner’s land was taken for public purpose under the 2013 Land Acquisition Act.
- Whether the petitioner is entitled to compensation under the Act for the portion of land used.
- Whether the respondents complied with the statutory obligation to pay compensation within a reasonable time.
Legislation cited
Subjects
- land acquisition
- compensation
- Right to Fair Compensation Act
- contempt of court
- civil writ jurisdiction
- approach road
- bridge construction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2174 of 2024
======================================================
Sanjay Kumar Singh Son of Shiv Prashan Singh Resident of Vilalge and Post
Mohanpur-Karaja, P.S.-Barahara, District-Bhojpur.
... ... Petitioner/s
Versus
1. The Principal Secreary, Road Construction Department Govt. of Bihar.
2. The District Magistrate, Bhojpur at Arrah.
3. The Managing Directors, Bihar Rajya Pul Nirman Nigam Ltd. 7Sardar Patel
Marg, Patna.
4. The Senior Project Engineer, Works Division Patna-1 of Bihar Rajya Pul
Nirman Nigam ltd, 7 Mangles Road, Patna.
5. The Land Acquisition Officer, Bhojpur at Arrah.
6. The Circle Officer, Barahara.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saroj Kumar, Adv.
For the Respondent/s : Mr. Vishwambhar Prasad, AC to AAG-5
For Pul Nigam : Mr. Piyush Kumar Pandey, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 29-06-2026 Heard the parties.
2. The present application has been preferred:
for directing the respondent
authorities to make payment of compensation
as per Right to Fair Compensation and
Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013
for his residential land, up on which they
have forcibly constructed approach road of
Bridge Constructed over River Ganga,
flowing between Mauja Mohanpur-Karaja
and Panditpur for which uptill now they have
Patna High Court CWJC No.2174 of 2024(5) dt.29-06-2026
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not paid even a single farthing as
compensation to the petitioner.
3. The petitioner preferred this case on 16.05.2024
and this Court asked the respondents to file their affidavits on
the point whether:
(i) land of the petitioner has been taken
or not;
(ii) if taken, whether he is entitled to the
compensation or not.
4. Two years later, the matter once again came before
this Court on 30.03.2026 and the counter affidavit of the Senior
Project Engineer, Works Division, Ara recorded that 6.8 decimal
of the land of the petitioner has been utilized in the construction
of approach road of the bridge.
5. In that background, this Court requested both the
District Land Acquisition Officer, Ara as also the Senior Project
Engineer, Works Division, Ara to look into the matter when the
petitioner will be present before the office on 06.04.2026 so that
the case is taken to its logical conclusion/payment is made to the
petitioner.
6. On 23.06.2026, when the case was taken up, this
Court recorded that despite acknowledging the use of the land of
the petitioner, the payment has not been made. In that
background, both the aforesaid officers were summoned.
Patna High Court CWJC No.2174 of 2024(5) dt.29-06-2026
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7. The affidavits have come both on behalf of the
District Land Acquisition Officer, Bhojpur at Ara as also the
supplementary counter affidavit on behalf of the Senior Project
Engineer, Works Division, Ara and the sum and substance of the
affidavits is/are that:
(i) the Collector, Bhojpur, Ara has sent
office letter no. 768 dated 27.06.2026 and directed
to the aforesaid Senior Project Engineer, Works
Division, Ara detailing out the amount that the
petitioner is entitled to (Rs. 8,70,144/-) (Annexure
R-B to the counter affidavit of respondent no. 5).
8. Another supplementary counter affidavit of the
Senior Project Engineer, Works Division, Ara has come and
though not recorded in clear term, the Officer who is present in
the Court assure that they shall visit the house of the petitioner
and ensures that all the documents are collected and the
payments made within a period of seven days from today.
9. This Court records the said submissions put
forward by the Senior Project Engineer, Works Division, Ara in
the presence of District Land Acquisition Officer, Ara and
extend the seven days by another three days and they shall
ensure that the payment goes to the account of the petitioner by
Patna High Court CWJC No.2174 of 2024(5) dt.29-06-2026
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08.07.2026.
10. This Court makes it clear that failure to do so, the
aforesaid respondent shall be attracting contempt in the matter.
11. The presence of both the Officers stand dispensed
with.
12. The writ petition is disposed of with aforesaid
observation.
(Rajiv Roy, J)
Vijay Singh/-
U
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