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Patna High Court

Mukesh Kumar SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed of, maintaining the status quo, as the respondents are already taking steps and further court intervention would hinder development.

Summary

Mukesh Kumar Sharma filed a writ petition seeking the High Court to set aside a notice issued under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and to compel the State authorities to comply with Sections 4‑8 of the same Act, conduct a social impact assessment, hold public hearings, publish the expert appraisal, and locate public land allegedly encroached upon. The respondents, representing various departments of the Bihar Government, submitted a counter‑affidavit stating that they have already formed a committee and initiated encroachment proceedings. The Court observed that the respondents are actively pursuing the matter and that parallel litigation would impede the development work at the site. Referring to an earlier order in Shyam Sundar Sharma v. State (1998), the Court held that the status quo should be maintained until the respondents finalize their actions. Consequently, the petition was disposed of with the observation that no further court intervention is required at this stage.

Issues considered

  • Whether the Court should issue writs directing the State to set aside the notice under Section 11(1) of the 2013 Act.
  • Whether the Court should compel compliance with Sections 4‑8 of the 2013 Act, including conducting a social impact assessment and public hearing.
  • Whether parallel judicial proceedings would hamper the ongoing land acquisition and development process.

Legislation cited

Subjects

  • land acquisition
  • Right to Fair Compensation Act
  • writ petition
  • social impact assessment
  • public hearing
  • status quo
  • development
  • encroachment

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3731 of 2026
                 ======================================================
                 Mukesh Kumar Sharma Son of Late Shyam Sundar Sharma, Resident of
                 Tajpur Road, Bhola Talkies Chowk, Ward No.-33, P.S- Samastipur Town,
                 District- Samastipur.

                                                                          ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Revenue and Land Reform, Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Department of Revenue and Land Reform,
                 Government of Bihar, Patna.
           3.    The Additional Chief Secretary,           Road    Construction    Department,
                 Government of Bihar, Patna.
           4.    The Director, Land Acquisition, Government of Bihar, Patna.
           5.    The Collector-cum-District Magistrate, Samastipur.
           6.    The Land Acquisition Officer, Samastipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Mr. D.K. Sinha, Senior Advocate
                                                 Mr. Rajeev Ranjan, Advocate
                                                 Mr. Sumit Kumar Srivastava, Advocate
                                                 Mr. Vishweshri Rajendra, Advocate
                 For the State          :        Mr. Sunil Kumar Mandal, SC-3
                                                 Mr. Bipin Kumar, AC to SC-3
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   06-07-2026                     Heard Mr. Devendra Kumar Sinha, learned Senior

                   Counsel for the petitioner and the State.

                                 2. The present petition has been preferred for the

                   following relief/s:

                                            (i) to issue a writ / Writs, Order/ Orders,

                                            Direction/Directions     to    the    respondent

                                            authorities to set aside the notice issued

                                            under Section 11(1) of the Right to fair
Patna High Court CWJC No.3731 of 2026(4) dt.06-07-2026
                                            2/4




                                  compensation and Transparency in Land

                                  Acquisition, Rehabilitation and Resettlement

                                  Act 2013( Act no. 30/2013)

                                  (ii) to issue a writ / Writs, Order/ Orders,

                                  Direction/Directions         to     the   respondent

                                  authorities to comply the provisions of

                                  Sections 4 to 8 of the Right to fair in Land

                                  compensation and Transparency Acquisition,

                                  Rehabilitation         and        Resettlement   Act

                                  2013( Act no. 30/2013) in true sense and

                                  sprit.

                                  (iii) to issue a writ / Writs, Order/ Orders,

                                  Direction/Directions         to     the   respondent

                                  authorities to do social Impact Assessment

                                  study and public hearing over the same as

                                  per Sections 4 and 5 of the Right to fair

                                  compensation and Transparency in Land

                                  Acquisition, Rehabilitation and Resettlement

                                  Act 2013( Act no. 30/2013) in true sense and

                                  sprit.

                                  (iv) to issue a writ / Writs, Order/ Orders,

                                  Direction/Directions         to     the   respondent
Patna High Court CWJC No.3731 of 2026(4) dt.06-07-2026
                                            3/4




                                  authorities to published the appraisal of

                                  expert     group       on    the     social      Impact

                                  Assessment report as per Section 7 of the

                                  Right       to     fair      compensation          and

                                  Transparency           in    Land         Acquisition,

                                  Rehabilitation         and        Resettlement      Act

                                  2013( Act no. 30/2013).

                                  (v) to issue a writ / Writs, Order/ Orders.

                                  Direction/Directions         to     the   respondent

                                  authorities to search and found the public

                                  land near the proposed are because total

                                  length of road land is 56 feets and road is

                                  constructed only over 48 feets and rest are in

                                  possession of private parties.

                                  (vi) to issue other direction/ directions as

                                  this Hon'ble Court may deem fit and proper

                                  in the facts and circumstances of this case.

                       3. A counter affidavit has come on behalf of the State

          respondents duly signed by the Additional Land Acquisition

          Officer, Samstipur and learned Senior counsel has taken this

          Court to the different paragraphs to show that the respondents

          have acknowledged the case of the petitioner but the process is
          Patna High Court CWJC No.3731 of 2026(4) dt.06-07-2026
                                                      4/4




                    still on, committee has been formed as also encroachment

                    proceeding initiated.

                                 4. Having heard the parties, this Court is of the view

                    that when the respondents themselves are taking up steps,

                    parallel proceeding in the court will hamper the development

                    that will take place at the ground zero.

                                 5. This Court has taken note of the order dated

                    07.09.1998 in CWJC No. 5780 of 1998 (Shyam Sundar Sharma

                    vs State and Ors.) and further records that unless the

                    respondents come to a conclusion and pass an order, the present

                    status quo with regard to the land in question of the petitioner,

                    Mukesh Kumar Sharma who is son of Shyam Sundar Sharma

                    shall be maintained.

                                 6. The write petition is disposed of with aforesaid

                    observation.



                                                  (Rajiv Roy, J)
Ravi/-Ankita

U


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