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Patna High Court

Nitu JainversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/4




          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
                                            3/4




                      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
                                                       4/4




                     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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