Patna High Court
Lalita SawversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court dismissed the writ petition, directing the petitioner to approach the District Land Acquisition Officer for compensation and ordering the petition to stand disposed if a fresh petition is filed within eight weeks.
Summary
The petitioner, Lalita Saw, filed a writ petition seeking compensation for land acquired for the widening of NH‑02, for the demolition of her house containing two‑story building, crops and household articles, and for the alleged illegal demolition without prior notice. She claimed loss of land, destruction of the house, and loss of rice, wheat, and other valuables amounting to Rs 2 lacs. The respondents, including the State of Bihar and the District Land Acquisition Officer, were asked to pay appropriate compensation. The court noted that the petitioner could approach the District Land Acquisition Officer for redress and that the State counsel raised no objection. Consequently, the court granted liberty to the petitioner to file a fresh petition within eight weeks and ordered that the present writ petition stand disposed if such a petition is filed, effectively dismissing the current petition without granting any compensation.
Issues considered
- Whether the petitioner is entitled to compensation for land acquired for the NH‑02 widening project.
- Whether compensation is payable for the demolition of the petitioner’s house and loss of crops and household articles.
- Whether the demolition without prior notice constitutes an illegal act warranting compensation.
- Whether the court can direct the petitioner to approach the Land Acquisition Officer and dispose of the writ petition pending such approach.
Subjects
- land acquisition
- compensation
- demolition without notice
- writ petition
- high court
- NH‑02
- agricultural loss
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3875 of 2026
======================================================
Lalita Saw S/o Bega Saw Resident of Village- Sinduriya, P.S.- Barun,
District- Aurangabad, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Govt. of Bihar, Patna.
2. The Collector, Aurangabad.
3. Presiding Officer cum DCLR, Aurangabad.
4. The Land Acquisition Officer, Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Kaushlendra, Advocate
Mr. Binay Kumar Singh, Advocate
For the Respondent/s : Mr. Satya Vrat, AC to GP-10
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 30-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“I. For a direction to the respondent
authority specially Respondent No.-4 to pay the
adequate compensation for the land of the
petitioner which was acquired by the N.H.A.I. for
conversion of NH-02 into 6 Lane Road.
II. For further direction to the
respondent authority to pay the compensation for
the land including 2 stories building in which the
crops of rice, wheat and boxes of the clothes were
Patna High Court CWJC No.3875 of 2026(2) dt.30-03-2026
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kept by the petitioner in the said house, which were
also destroyed by the authority while demolition of
the said house.
III. For further issuance of a direction to
pay the compensation for the illegal act of the
authority by which they have destroyed the
valuable property of the petitioner without giving
any prior information about the demolition of the
said house, so that the petitioner could be abled to
take away the rice, wheat, paddy and other
valuable household articles amounting to rupees 2
lacs.
IV. Pass any other order as your
lordships may deem fit and proper under the
circumstances of the case.”
3. After some arguments, learned counsel for the
petitioner submits that he shall be approaching the respondent
no. 4, the District Land Acquisition Officer, Aurangabad for the
redressal of the grievance.
4. Learned State counsel has no objection to it.
5. In that background, granting liberty to the petitioner
and expecting the concerned respondent to act in the matter if
Patna High Court CWJC No.3875 of 2026(2) dt.30-03-2026
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any petition is filed in next eight weeks, the writ petition stands
disposed of.
(Rajiv Roy, J)
Adnan/-
U
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