Patna High Court
Mukesh Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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
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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
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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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