Patna High Court
Yogendra Prasad and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the compensation award had already been finalized and that the petitioners must approach the appropriate authority for any enhanced compensation, rendering the writ petition inappropriate.
Summary
The petitioners, a group of landowners from Mauza Bhusaula, Patna, filed a writ petition seeking a mandamus directing the State of Bihar and other respondents to enumerate and pay compensation for their acquired lands under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. They claimed that the compensation awarded was lower than that given to adjoining raiyats and sought market value as of 1‑Jan‑2014, an additional 75% under section 40(5), and interest at 12% per annum. The respondents contended that the award had already been prepared and payments made, and that any grievance regarding enhanced compensation must be pursued before the appropriate authority. The High Court, after hearing both sides, held that the writ petition was not the proper forum for revisiting the compensation award and disposed of the petition, directing the petitioners to approach the designated authority for redress. Consequently, the petition was disposed without ordering any payment by the court.
Issues considered
- Whether a writ of mandamus can be issued to compel the State to enumerate and pay compensation under the 2013 Land Acquisition Act.
- Whether the petitioners are entitled to additional compensation (75% uplift) and interest under sections 40(5) and 30(3) of the Act.
- Whether the limitation period bars the petitioners' claim given the pendency of the writ since 2018.
- Whether the appropriate remedy is a writ petition or an application before the designated land acquisition authority.
Legislation cited
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — s. 24, 25, 26, 27, 28, 29, 30, 31, 40, 43, 44, 45, 46, 47, 69, 80
Subjects
- Land acquisition
- Compensation
- Mandamus
- Right to Fair Compensation Act
- Railway project
- Interest
- Limitation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22383 of 2018
======================================================
1. Yogendra Prasad S/o late Vasudev Singh
2. Ranbir Singh @ Ranjit Kumar Singh @ Ranjit Singh S/o Late Ramji Singh
3. Arvind Kumar Singh S/o Late Surendra Singh
4. Javed Hassan S/o late Sadarul Hassan
5. Kashi Nath Singh S/o late Krit Singh All are Resident of Village-Bhusaula
Danapur P.S.-Phulwari Sharif, District-Patna.
6. Mahaveer Prasad S/o Late Kanik Lal Rai Resident of Village-Mahua Bag
P.S.-Rupaspur, District-Patna.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. Principal Secretary and Commissioner, Land Reforms and Revenue Deptt.
Govt. of Bihar, Patna.
3. Collector Cum District Magistrate, Patna.
4. District Land Acquisition Officer, Patna.
5. Union of India, through D.R.M. East Central Railwaya Ministry of
Railways, Hajipur.
6. Chief Engineer, Construction East Central Railways, Hajipur
7. Dy. Chief Engineer, Construction II East Central Railways, Danapur, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajatshatru, Advocate
For the Respondent/s : Mrs. Nutan Sahay, AC to AAG-12
For the UOI : Mr. Ram Tujabh Singh, CGC
Mr. Radhika Raman, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 03-02-2026 Heard Mr. Ajatshatru, learned counsel for the
petitioners, Mrs. Nutan Sahay, learned AC to AAG-12 and Mr.
Ram Tujabh Singh representing the Union of India.
2. The present petition has been preferred for the
following relief(s):
Patna High Court CWJC No.22383 of 2018(4) dt.03-02-2026
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“to issue a writ in the nature of
MANDAMUS / CERTIORARI or any other
writ or direction commanding the
respondents to enumerate and pay the
compensation of acquired lands of the
petitioners as referred in paragraph no. 11,
of village / Mauza - Bhusaula Danapur,
Thana no. 40, P.S. - Phulwari Sharif, District
Patna, as per the provisions contained in
section 24 to 31, 40, 43 to 47, 69 & 80 of
Right to Fair Compensation and
Transparency In Land Acquisition,
Rehabilitation and Resettlement Act, 30 of
2013 [Here in after mentioned as "The Act"]
of the Awards passed in L.A. Case No. 4 of /
2007-08, And Further the Petitioners prays
for direction to respondents to enumerate
and pay the market value of land as on the
date of implementation of "the Act"
i.e.1.1.2014 as mentioned in The Act as well
as instructions contained in letter dated
26.10.2015 & 4.12.2015 [Ann- 8 & 9], And
Further prayer to pay the additional
compensation of 75% as per section 40 (5) of
the Act as enumerated and paid to the
Awardees of L.A. case no. 17/2005-06 of
Mauza Adhapa Thana no. 65 Phulwari,
District Patna for the one and same project
of construction of Neura Daniyawa broad
gauge railways line [Ann-11] as per letter
Patna High Court CWJC No.22383 of 2018(4) dt.03-02-2026
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dated 7.12.2016 [Ann-10] because the land
has been acquired under emergent provisions
of the Act, And Further the Petitioners prays
for direction to pay the amount @12% per
annum as contained in section 30 (3) of the
Act, Further prayer for direction to
respondents to enumerate and pay the
interest from the date of possession of the
plot till actual date of payment, u/s 80 of the
Act And be further pleased to issue any
further direction/ directions to the
respondents in view of the facts and
circumstances of this case.
3. The matter relates to Land Acquisition Case No. 4
of 2007-08 for the construction of Neura – Daniyawa broad
gauge railway line via Jat Dumari.
4. The land of the petitioners/heirs falls within Mauza
– Bhusaula, Danapur, Thana no. 40, P.S. - Phulwari Sharif,
District – Patna.
5. He is aggrieved by the compensation amount and
submitted that adjoining raiyats have been given compensation
at a higher rater which has been denied to him.
6. The counter-affidavits have come according to
which they have justified the decision submitting that the
payments have already been made. The respondents submit that
since the award has been prepared and the payments made, the
Patna High Court CWJC No.22383 of 2018(4) dt.03-02-2026
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petitioners/heirs should approach the appropriate authority with
a prayer for enhanced compensation.
7. In that background and with the consent of the
parties, the writ petition stands disposed of allowing the
petitioners/heirs to approach the appropriate authority for the
redressal of the grievance.
8. Needless to add, if such petition is filed, the
authority shall take into account the fact that the writ petition
was pending since the year 2018 while dealing with the
limitation petition.
(Rajiv Roy, J)
Adnan/-
U
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