Patna High Court
Arvind Kumar PrabhakarversusThe Union of India
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The writ petition is disposed of, and no relief is granted to the petitioner.
Summary
The petitioner Arvind Kumar Prabhakar filed a writ petition seeking a certiorari to quash an order dated 02‑06‑2025 that rejected his claim under section 3G[7(a)] of the National Highways Act, 1956, and to direct payment of compensation at current market value for land acquired for NH‑119D. He also requested permission to apply under the Bihar Agriculture Land (Conversion for Non‑Agriculture Purposes) Act, 2010 to have his agricultural land re‑classified as commercial, arguing that adjoining land is commercial and that the market value should reflect commercial rates. The petition further invoked Article 300‑A of the Constitution and suggested mediation under the 2010 Act. The High Court, after hearing counsel, disposed of the writ petition without granting the reliefs sought. No substantive order on compensation or conversion was made.
Issues considered
- Whether the order rejecting the petitioner's claim under section 3G[7(a)] of the National Highways Act, 1956 should be quashed.
- Whether the petitioner is entitled to compensation at commercial market value for the acquired land.
- Whether the petitioner may be permitted to apply for conversion of agricultural land to commercial land under the Bihar Agriculture Land (Conversion for Non‑Agriculture Purposes) Act, 2010.
- Whether the petitioner's right under Article 300‑A is infringed.
Legislation cited
- National Highways Act, 1956 — s. 3G(7)(a)
Subjects
- land acquisition
- compensation
- conversion of agricultural land
- National Highways Act
- certiorari
- market value
- Article 300‑A
- mediation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.277 of 2026
======================================================
Arvind Kumar Prabhakar Son of Late Ram Shankar Rai, R/o Village-
Dabhach, P.S.- Tisiauta, Anchal-Patepur, District- Vaishali.... ... Petitioner/s
Versus
1. The Union of India through Secretary Ministry of Road Transport and
Highway, New Delhi.
2. The State of Bihar through the Principal Secretary, Land and Revenue
Department, old Secretariat, Patna.
3. The Director, Land Acquisition, Government of Bihar, Patna.
4. The District Magistrate, Vaishali, At- Hajipur.
5. District Land Acquisition Officer, Vaishali, At Hajipur.
6. Divisional Commissioner Muzaffarpur Cum Arbitrator, Tirhut Division
Muzaffarpur, at Muzaffarpur.
7. The Project Director, National Highway Authority of India, Project
Implementation Unit, Muzaffarpur at Muzaffarpur.
8. Circle Officer of Patepur Circle, P.S. Patepur, District- Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rudal Prasad, Advocate
For NHAI : Mr.Saket Tiwary, Advocate
Mr.Animesh Gupta, Advocate
For the Respondent/s : Additional Solicitor General
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 27-01-2026 Heard learned counsel appearing on behalf of the
petitioner and the learned counsel for the State.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought inter alia following relief(s), which is
reproduced hereinafter:-
“This is an application for issuance of a writ in the nature of
certiorari to quash order dated 02.06.2025 passed by
Respondent No. 6 in Arbitration Case No. 09/2025 contained
in Annexure-01 whereby the claim of the petitioner under
section 3G[7(a)] of the National Highways Act, 1956 has been
rejected and for issuance of appropriate order for direction for
directing the respondents to pay appropriate compensation
amount for the area of the land described in paragraph No. 3
of this application according to the present market value over
which NH-119D is being constructed under the project of
"Bharat Mala" from Kalyanpur (Hajipur) in Vaishali District
to Bela Nawada situated in Darbhanga District by Respondent
No.7and for issuance of a writ/order /direction for which the
petitioner may be found legally entitled to get appropriate
compensation amount at the market value of the land on the
Patna High Court CWJC No.277 of 2026(2) dt.27-01-2026
2/3
date of publication of the notification U/s 3A N.H. Act 1956
under the facts and circumstances of this application.”
3. Learned counsel appearing on behalf of the
petitioner seeks liberty to file application before the appropriate
authority under the provision of the Bihar Agriculture Land
(Conversion for Non-Agriculture Purposes) Act, 2010
(hereinafter to be referred as the ‘Act, 2010’) to get his land
converted into commercial land from agriculture land after
making payment of due revenue for such conversion.
4. Learned counsel in this background submits that
since the adjoining land in the vicinity of the petitioner’s
acquired land is commercial in nature, the Market Value
Register (MVR) fixed for the area ought to be at commercial
rates.
5. If such application is filed by the petitioner for
converting his land in commercial land, the authority concerned
is directed to act forthwith so that the petitioner is not deprived
of his right under Article 300-A of Constitution of India or in
alternative the petitioner can go for mediation as per the
provision of Act, 2010 and give effect to the Mediation for the
Nation 2.0 for amicable settlement.
6. With the above observation/direction, the present
Patna High Court CWJC No.277 of 2026(2) dt.27-01-2026
3/3
writ petition stands disposed of.
(Purnendu Singh, J)
chn/-
U
Checking your session…