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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
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                       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
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                         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
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          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
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                       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


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