Patna High Court
IndiaversusThe Bihar State Minorities Commission
- Decided
- Disposal
- DISPOSED
Holding
The order of the Bihar State Minorities Commission restraining NHAI work cannot impede the project as the related writ petition has already been disposed, and the petition is therefore dismissed.
Summary
The petitioners, including Vikas Kumar and the National Highways Authority of India (NHAI), sought relief against multiple respondents for delays in the execution of NH‑119D projects (Package‑III and Package‑IV) due to land‑acquisition hurdles and inadequate compensation disbursement. The court noted that compensation amounts deposited by NHAI were substantially lower than amounts disbursed and that physical progress was sluggish. It directed the District Magistrate of Samastipur to provide police protection to NHAI officials and instructed the parties to file affidavits detailing specific hindrances and steps to expedite work. The court also examined a separate writ petition where the Bihar State Minorities Commission had restrained NHAI work in certain mouzas pending another writ; since that writ had already been disposed, the restriction was held ineffective. Consequently, the court disposed of the writ petition challenging the commission’s order and scheduled further hearing on the compensation and progress issues.
Issues considered
- Whether the restriction imposed by the Bihar State Minorities Commission on NHAI’s highway work is valid pending disposal of another writ petition.
- Whether the delays in land acquisition and inadequate compensation disbursement justify judicial intervention and direction.
- Whether the court can order police protection for NHAI officials to facilitate project execution.
Subjects
- land acquisition
- compensation disbursement
- highway construction
- writ petition
- police protection
- minority commission
- NHAI
- project delay
- injunction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3020 of 2022
======================================================
Vikas Kumar (NH-119D-4L Aurangabad- Darbhanga PKG- I, II, III and IV)
Son of Late Baleshwar Sharma Resident of Road No. 25A, Rajiv Nagar, P.S.-
Rajiv Nagar, District-Patna.
... ... Petitioner/s
Versus
1. The Union of India through the Secreary, Department of Ministry of Road
Transport and Highway Authority of Inida, New Delhi.
2. The Secreary, Department of Ministry of Road Transport and Highway
Authority of India, New Delhi.
3. The National Highway Authority through its Chairman.
4. The Additional Chief Secretary, Road Construction Department,
Government of Bihar, Patna.
5. The District Magistrate, Gaya.
6. The District Magistrate, Jehanabad.
7. The District Magistrate, Nalanda.
8. The District Magistrate, Patna.
9. The District Magistrate, Vaishali.
10. The District Magistrate, Samastipur.
11. The District Magistrate, Darbhanga.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 3340 of 2026
======================================================
National Highways Authority of India through Project Director PIU Patna,
with its office at Project Implementation Unit, Patna, Shivpuram, Sainik
Colony, Near Hanuman Mandir, Gola Road, Danapur, Patna- 801503.
... ... Petitioner/s
Versus
1. The Bihar State Minorities Commission through its Chairman, Add- 6/South
Baily Road, Patna- 800001, Bihar, Dist.- Patna.
2. The State of Bihar, through the Chief Secretary, Government of Bihar, Main
Secretariat, Patna, Bihar- 800015, Dist.- Patna.
3. The District Magistrate, Samastipur, Dist.- Samastipur.
4. The Union of India, through its Secretary, Ministry of Road Transport and
Highways (MORT and H), New Delhi.
... ... Respondent/s
======================================================
Appearance :
Patna High Court CWJC No.3020 of 2022(29) dt.23-03-2026
2/6
(In Civil Writ Jurisdiction Case No. 3020 of 2022)
For the Petitioner/s : Mr. Vikas Kumar (In Person)
For the State : Mr. Anjani Kumar, AAG-4
Mr. Alok Kumar Rahi, Advocate
For the Respondent/s : Dr. K.N.Singh, Sr. Advocate
Mr. Maurya Vijay Chandra, Advocate
Mr. Gaurav Govinda, Advocate
Mr. Shivaditya Dhari Sinha, Advocate
Ms. Preety Ranjan, Advocate
Mr. Abhinav, Advocate
(In Civil Writ Jurisdiction Case No. 3340 of 2026)
For the Petitioner/s : Mr. Gaurav Govinda, Advocate
Mr. Maurya Vijay Chandra, Advocate
For the Respondent/s : Mr. Addl. Advocate General (12)
Mr. Arun Kumar Bhagat, AC to AAG-12
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
29 23-03-2026 The learned AAG-4 placed the order dated 26.02.2026
and submitted that necessary instruction has already been
imparted to the District Magistrate, Samastipur and police
protection has been provided to the NHAI authorities to carry
out the execution of the work. He further submitted that the
order passed by the Bihar Waqf Board Tribunal which was sub-
judice before this Court in M.A. No. 795 of 2025 has been
disposed off in the meantime vide order dated 17.03.2026 and
the order of the Waqf Board has already been set aside.
2. The learned counsel for the NHAI has filed the
supplementary counter affidavit wherein it is stated as follows:-
“3. That the brief detail of the
Package-III and Package-IV is
mentioned herein below:
S.No. Project Tota Com Agenc Appoi Schedule Likely Physic
Patna High Court CWJC No.3020 of 2022(29) dt.23-03-2026
3/6
Name l plete y nted d project compl al
Len d Name Date completi etion Progr
gth Leng on Date date ess
(km th (%)
)
1. PKG-III 47.0 5.66 M/s 15.02. 14.02.2025 07.03.2 30.95%
of Amas 00 Km Megha 2023 027
Darbhan Enterpri
ga NH ses
119D
2. PKG-IV 42.2 8.9 M/s 11.03. 10.03.2026 16.05.2 23.01%
of Amas 10 km Aneeka 2024 027
Darbhan Express
ga NH way
119D Pvt.
Ltd.
A. Hindrances due to Land
Acquisition & disbursement of
compensation :
Particulars Vaishali Samastipur Samastipur Darbhanga
PKG-III PKG-III PKG-IV PKG-IV
Total 150 1785 1120 415
Hindrance
(length in
meter)
4. That it is submitted that the
compensation amount disbursed till
18.03.2026 among the raiyats against
the amount deposited by the NHAI is
mentioned herein below:
S.No. Particulars PKG-III PKG-IV
1. Amount Deposited by NHAI 589.42cr 427.44cr
2. Amount Disbursed by CALA 498.35cr 370.12cr
5. That it is submitted that the district
wise compensation disbursement in
the project is mentioned herein below:
S. No. Particulars Vaishali Samastipur Darbhanga
PKG-III PKG-III PKG-IV PKG-IV
1. Amount 335.60cr 254.12cr 188.30cr 239.14cr
Patna High Court CWJC No.3020 of 2022(29) dt.23-03-2026
4/6
Deposited
by NHAI
2. Amount 310.70cr 187.65cr 157.82cr 212.3cr
Disbursed
by CALA
”
3. Even though in paragraph no. 3 of the counter
affidavit, it has been stated that there are hindrances due to land
acquisition and disbursement of compensation, but in each of
the district it is not specified regarding the nature of hindrances
and the cause of such hindrances.
4. The learned Senior Counsel appearing for the
NHAI submits that on the next date he will clarify all these
aspects, however he points out from paragraph no. 4 and 5 that
the disbursement amount to the land loosers appears to be at a
lower side and it needs to be expedited.
5. The learned AAG-4 submits that by the next date
he will apprise this Court about the steps taken for expediting
the disbursement of the compensation amount.
6. In view of such submission, list this matter on
20.04.2026.
7. In the meantime, if specific hindrances are brought
to the notice by the NHAI to the district administration, it is
expected that the same shall be addressed at an earliest. After
going through the counter affidavit, since we find that in all the
packages the physical progress of the work is very slow, we
Patna High Court CWJC No.3020 of 2022(29) dt.23-03-2026
5/6
expect that it should be expedited and on the next date the
learned Senior Counsel shall apprise this Court about the
development in that respect by way of an affidavit.
8. The concessionaire related to package I, II and III
i.e. Megha Engineering Infrastructure Limited through its
Managing Director, Unit No. 22, Technocrat Indl. Estate
Balanagar, Hyderabad-500037, Telengana and concessionaire
related to package no. IV i.e. Ram Kripal Singh Construction
Pvt. Ltd. through Managing Director, Address : 702, 7 th Floor,
Panchwati Plaza, Kutchery Road, Ranchi, Jharkhand-834001
shall specifically apprise this Court by way of an affidavit the
cause of slow progress and steps taken to expedite the progress.
CWJC No. 3340 of 2026
9. When the matter was taken up on 26.02.2026, it is
brought to our notice by way of a supplementary affidavit that
C.W.J.C. No. 10487 of 2021 has been dismissed vide order
dated 19.02.2026, we observe that there cannot be an
impediment on the part of the National Highway Authority to
carry out the project in question.
10. In this writ petition the National Highway
Authority have challenged the Memo No. 1797 dated
08.12.2025 issued by the Bihar State Minority Commission,
Patna. In the said order the National Highway Authority has
Patna High Court CWJC No.3020 of 2022(29) dt.23-03-2026
6/6
been restrained for carrying out work in Mauza Rahimabad,
Mohiuddinpur Rajwa, Shahpur Baghauni, Bherokhada and Chak
Ashraf Anchal Tajpur in the District of Samastipur on National
Highway No. 119D.
11. On perusal of the aforesaid order passed by the
Bihar State Minority Commission, Patna which is annexed to
the writ petition as Annexure 1, we find that the concerned
authority put a restriction regarding the progress of work in the
aforesaid areas, till the disposal of C.W.J.C. No. 1087 of 2021.
12. Since the aforesaid writ petition has already been
disposed off, the impugned order dated 08.12.2025 of the Bihar
State Minorities Commission cannot be a hurdle for the
petitioner to carry out the project work in the aforesaid mauzas
in the District Samastipur on NH-119D; accordingly the writ
petition is disposed off.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
supratim/-
U
Checking your session…