Patna High Court
Nitu JainversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court declined to grant the writ relief and ordered the matter to be referred to the District Magistrate‑cum‑Collector for verification and appropriate direction to pay compensation.
Summary
Petitioner Nitu Jain filed a writ petition challenging a land acquisition notice issued on 28‑10‑2010 for the NH‑28A project, alleging that her name was omitted from the Gazette and no personal notice was given. She further claimed that compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 had not been paid, and that the earlier acquisition under the old Act had lapsed without award or possession. The petitioner sought quashing of the acquisition, release of the land, fresh proceedings, and compensation for mental and physical agony. The High Court, after hearing counsel, directed the petitioner to file a representation before the District Magistrate‑cum‑Collector of East Champaran, who is to verify the mutation records and, if the land is free of dispute, issue directions to the District Land Acquisition Officer to pay the due compensation within six weeks. The writ application was consequently disposed.
Issues considered
- Whether the acquisition notice dated 28‑10‑2010 is valid despite alleged non‑publication of the petitioner's name and lack of personal notice.
- Whether compensation under the RFCTLARR Act, 2013 is payable for land acquired under the pre‑2013 acquisition law that allegedly lapsed.
- Whether the court can quash the acquisition notice and direct release of the land.
- Whether the district authorities have jurisdiction to direct payment of compensation after verification of mutation records.
Legislation cited
Subjects
- land acquisition
- compensation
- RFCTLARR Act
- gazette notification
- mutation
- writ petition
- quashing acquisition
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2715 of 2026
======================================================
Nitu Jain W/o Anup Kumar Jain, R/o- A/4, Gandhi Nagar, Boring Road, P.S.-
Sri Krishnapuri, P.O.- G.P.O., Town and District Patna, 800001.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary Govt. of Bihar Patna.
2. The Principal Secretary, Revenue and Land Reforms Govt. of Bihar, Patna.
3. The District Magistrate-cum-Collector, Motihari, East Champaran.
4. The District Land Acquisition Officer, Motihari, East Champaran.
5. The Circle Officer, Raxaul, East Champaran.
6. The National Highway Authority, Ministry of Road Transport and Highway,
Govt. of India, G-5 and 6 Sector 10, Dwarka New Delhi through its
Chairman.
7. The Regional Office, National Highway Authority, Ministry of Road
Transport and Highway, Govt. of India, S. K. Puri, Patna, Bihar, through its
Regional Officer.
8. The Regional Officer, National Highway Authority, Ministry of Road
Transport and Highway, Govt. of India, S. K. Puri, Patna.
9. The Project Director, NH-28A, Project Implementation Unit, Motihari.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Kumar Singh, Advocate
For the Respondent/s : Mr.Rajeshwar Singh, GA(10)
Mr.Jitendra Kumar, AC to GA10
For the NHAI : Mr.Saket Tiwary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 19-02-2026 Heard Mr. Ram Kumar Singh, learned counsel
appearing on behalf of the petitioner and Mr. Rajeshwar Singh,
learned GA(10), along with Mr. Jitendra Kumar, learned AC to
GA10 for the State and Mr.Saket Tiwary, learned counsel for
the NHAI.
2. The petitioner in paragraph no. 1 of the present writ
Patna High Court CWJC No.2715 of 2026(2) dt.19-02-2026
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petition has sought inter alia the following relief(s), which is
reproduced hereinafter:-
“1. That, this Writ application is being
filed for issuance of a appropriate direction in the
nature of Writ(s)/Order(s)/direction(s),
commanding the Respondents for the following
relief:
“I. To quash the acquisition notice
pertaining to the land of the Petitioner acquired
vide Gazetteer Notification dated 28.10.2010
issued and published by the National Highway
Authority of India for construction of NH-28A as
well as restraining the Respondents from making
any construction over the rayati land of the
Petitioner bearing (i) Khata No- 56, Khesra No-
579 Mauza Singhpur. Tauzi No-951, area 58.5
Decimal, (ii) Khata No- 64 Khesra No- 243, Mauza
Chikni, Tauzi No- 951, P.S. Raxaul, (iii) Khata No-
67 Khesra No-244, Mauza Chikni, Area 32
Decimal, P.S. Raxaul, District East Champaran as
neither the name of the Petitioner-owner has been
published in the Gazetteer publication so published
on 28.10.2020, nor personal notice has been ever
given to her regarding acquisition of her land.
II. To command the Respondents to
release the land of the Petitioner from the above
mentioned illegal acquisition as and direct the
concerned Land Acquisition Authority to initiate
fresh proceeding for acquisition of land of the
Petitioner (if required) and make award after
proper verification of the present valuation and
market rate of the land which is a commercial land
and accordingly pay compensation under the
"RFCTLARR Act, 2013 because the acquisition
made vide notification dated 28.10.2010 under the
old Act has been laps as neither award has been
prepared and paid the Petitioner nor physical
possession has been taken even after laps of more
than a decade.
III. To take appropriate legal action
against the erring Respondents for committing
misdeeds by not making publication for acquisition
in the name of the Petitioner though her name was
mutated and Jamabandi was created in her name
much prior to the publication of above stated
Gazetteer notification dated 28.10.2020, putting
the Petitioner in economic, physical and mental
agony and direct the Respondents to pay
compensation for mental and physical sufferings.
IV. To issue such other appropriate
order or direction for which the Petitioners are
entitle under the facts and circumstances of the
present case.”
Patna High Court CWJC No.2715 of 2026(2) dt.19-02-2026
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3. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is aggrieved by the non-
payment of compensation in accordance with the provisions of
the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013, in
respect of the land described in paragraph nos. 7 and 8 of the
writ petition. The petitioner has brought the sale deeds on record
by way of Annexure-1 series to the writ petition. Pursuant to the
execution of the sale deeds, mutation was effected in favour of
the petitioner, and the name of his vendor was deleted by the
Circle Officer in accordance with the provisions of the Bihar
Land Mutation Act, 2011, however, the District Land
Acquisition Officer has refused to make payment of
compensation to the petitioner.
4. Considering the aforesaid information, the
petitioner is directed to file a representation before the District
Magistrate-cum-Collector, East Champaran. The District
Magistrate-cum-Collector, East Champaran shall call for the
relevant records from the concerned Circle Officer in respect of
the land in question to verify the claim of the petitioner over the
land, which he has claimed to be mutated in his name on the
basis of the registered sale deed and if the land in question is
Patna High Court CWJC No.2715 of 2026(2) dt.19-02-2026
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found to be free from any dispute and incumbrance then in that
case, the District Magistrate-cum-Collector shall exercise his
jurisdiction in accordance with law and ensure that appropriate
directions are issued to the District Land Acquisition Officer to
make payment of compensation to which the petitoner is
entitled received in respect of the area acquired. The entire
exercise shall be completed within a period of six weeks from
the date of communication of this order.
5. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U
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