Patna High Court
Sanjay JaiswalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
- National Highway Act, 1956 — s. 3(G)(5)
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
Checking your session…