Patna High Court
Anita JaiswalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed without setting aside the arbitration award or the compensation order, with liberty granted to the petitioner to approach the competent authority for further relief.
Summary
Anita Jaiswal filed a writ petition challenging orders dated 25‑01‑2023 and 13‑01‑2025 issued by the District Land Acquisition Officer and the Arbitrator‑cum‑Divisional Commissioner, which had rejected her petition under Section 3(G)(5) of the National Highway Act, 1956 and upheld the compensation awarded for land acquisition. The petitioner sought to have those orders set aside. The High Court, after hearing counsel, held that the petitioner could approach the competent authority or court for any further grievance but did not interfere with the arbitration award or the compensation order. Consequently, the writ petition was disposed without granting the relief sought. The court granted liberty to the petitioner to seek redress elsewhere.
Issues considered
- Whether the High Court can set aside the orders of the Arbitrator‑cum‑Divisional Commissioner and the District Land Acquisition Officer rejecting the petition under Section 3(G)(5) of the National Highway Act, 1956.
- Whether the compensation awarded in the land acquisition matter is valid and in accordance with law.
Legislation cited
- National Highway Act, 1956 — s. 3(G)(5)
Subjects
- writ petition
- arbitration
- land acquisition
- compensation
- National Highway Act
- setting aside order
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3365 of 2026
======================================================
Anita Jaiswal Wife of Sri Sanjay Jaiswal, resident of S.B.I. Officers Colony,
Ambedkar Path, Police Station-Rukunpura, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Urban Development Department.
2. The Secretary, Urban Development Department, Government of Bihar, New
Secretariat, Patna.
3. The Arbitrator cum Divisional Commissioner, Patna.
4. The Collector cum District Magistrate, Patna.
5. The Project Director, National Highway Authority of India, Project
Implementation Unit, Patna 11 Flat No. G-1 and G-2, Block-B Clasioen
Shiv Mitra, Vivekanand Marg, North S.K. Puri, Patna.
6. The Competent Authority cum District Land Acquisition Officer, Patna
Collectoriate, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Adv.
For the Respondent/s : Mr. Standing Counsel (25)
For NHAI : Mr. Sanat Kumar Mishra, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 16-03-2026 Heard Mr. Shailendra Kumar Jha, learned counsel for
the petitioner and the State as also ‘the NHAI’.
2. The present application has been preferred for the
following relief(s):
(i) for issuance of an appropriate
Writ, order or direction to the respondents
for setting aside the orders dated 25/1/2023
& 13/1/2025 passed by the Respondent No. 6
& the Arbitrator cum Divisional
Commissioner, Patna Division, Patna in
Arbitration Case No. 74/2023 as contained
Patna High Court CWJC No.3365 of 2026(2) dt.16-03-2026
2/2
in Annexure- P/5 and P/6 of the Petition
whereby and where under he was pleased to
reject the petition filed by the petitioner
under Section 3 (G)(5) of the National
Highway Act of 1956 with respect to Award
No. 41 concerning Khata No. 58, C.S Khata
No. 775, Area 23 Decimal under Thana No.
94, Mauza- Khaspur, Anchal Maner District-
Patna and further been pleased to hold the
compensation amount given by the
competent Authority cum District Land
Acquisition Officer, Patna as valid and in
accordance with law and with this
observation he was pleased to close the
matter.
(ii) For giving any other relief or
reliefs as may deem fit and proper in the
facts and circumstances of the case.
3. After some argument, learned counsel for the
petitioner submits that he shall be approaching the Competent
Authority/Court for the redressal of the grievance.
4. Granting said liberty, the writ petition is disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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