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Patna High Court

Sanjay JaiswalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court declined to set aside the challenged orders and held that the petitioner must seek redress from the appropriate authority, thereby disposing of the writ petition.

Summary

The petitioner, Sanjay Jaiswal, filed a writ petition challenging orders dated 25.01.2023 and 13.01.2025 issued in a land acquisition case and an arbitration case where the arbitrator rejected his claim under Section 3(G)(5) of the National Highway Act, 1956 and upheld the compensation awarded by the District Land Acquisition Officer. The petitioner sought a writ directing the respondents to set aside those orders and to grant any other appropriate relief. The court, after hearing counsel, did not interfere with the earlier orders and instead granted the petitioner liberty to approach the appropriate authority or court for redress. Consequently, the writ petition was disposed of without granting the relief sought. The decision underscores the limited jurisdiction of the High Court to intervene in arbitration awards and compensation determinations under the National Highway Act.

Issues considered

  • Whether the orders dated 25.01.2023 and 13.01.2025 in the land acquisition and arbitration matters can be set aside by a writ of the High Court.
  • Whether the compensation awarded by the District Land Acquisition Officer is valid and in accordance with law.
  • Whether the High Court has jurisdiction to interfere with an award passed under Section 3(G)(5) of the National Highway Act, 1956.

Legislation cited

Subjects

  • writ petition
  • land acquisition
  • arbitration award
  • compensation
  • National Highway Act
  • jurisdiction
  • setting aside orders

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4234 of 2026
                 ======================================================
                 Sanjay Jaiswal Son of Late Suresh Kumar Jaiswal, Power of Attorney Holder
                 of her Sister namely Sujata Kumar 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, Governemnt 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 OPuri, Patna.
           6.    The Competent Authority cum District Land Acquisition Officer, Patna
                 Collectorate, Patna.


                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shailendra Kumar Jha, Advocate
                 For the State            :       Mr. Government Pleader (10)
                                          :       Mr. Satya Vrat, AC to GA-10
                 For the NHAI             :       Mr. Sanat Kumar Mishra, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   07-04-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                              “(i) for issuance of an appropriate writ,

                                        order or direction to the respondents for setting

                                        aside    the   orders    dated     25.01.2023       and

                                        13.01.2025 in L.A. Case No. 19/2021-22 passed
Patna High Court CWJC No.4234 of 2026(2) dt.07-04-2026
                                            2/3




                             by the respondent no.6 and the Arbitrator cum

                             Divisional Commissioner, Patna Division, Patna

                             in Arbitration Case No.75/2023 as contained 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 appropriate

          authority/court for the redressal of the grievance.
            Patna High Court CWJC No.4234 of 2026(2) dt.07-04-2026
                                                        3/3




                                  4. Granting said liberty, the writ petition is disposed

                      of.



                                                    (Rajiv Roy, J)
vinayak/-

U


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