Patna High Court
Shivnath YadavversusThe National Highway Authority Of India and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The High Court declined to quash the acquisition order and directed the petitioner to approach the Land Acquisition Rehabilitation and Resettlement Authority for appropriate relief.
Summary
Shivnath Yadav filed a writ petition challenging an order dated 01.08.2017 by the Arbitrator cum Additional Collector, Aurangabad, which fixed compensation for his land acquisition at agricultural rates despite the land being classified as commercial for a six‑lane NH‑2 project. He sought quashing of that order and directed payment of compensation at commercial rates, along with a re‑classification of the land's nature. The respondents, including the National Highway Authority of India and the District Magistrate, opposed the relief. The Court, after hearing counsel, noted that the petitioner could approach the Land Acquisition Rehabilitation and Resettlement Authority for redress. Consequently, the High Court declined to interfere with the acquisition order and disposed of the writ petition, granting the petitioner liberty to seek relief from the appropriate authority.
Issues considered
- Whether the order fixing compensation at agricultural rates for land classified as commercial can be quashed.
- Whether the nature of the land can be re‑classified from agricultural to commercial for compensation purposes.
- Whether the petitioner is entitled to compensation on a commercial rate basis.
Subjects
- land acquisition
- compensation
- commercial rate
- agricultural rate
- National Highway Authority of India
- writ petition
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4357 of 2018
======================================================
Shivnath Yadav S/o Late Chamru Yadav, Resident of Village- Madanpur Tola,
Shiv Rampur, P.O. P.S.- Madanpur, District- Aurangabad.
... ... Petitioner/s
Versus
1. The National Highway Authority Of India
2. The National Highway Authority of India, Dhanbad Zone, Jharkhand.
3. The District Magistrate, Cum Collector, Aurangabad.
4. The Land Reform Deputy Collector, Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar, Advocate
For the State : Mrs. Nutan Sahay, AC to AAG-12
For the NHAI : Mr. Saket Tiwary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 20-01-2026 Heard the parties.
2. The present petition has been preferred for the grant
of following relief(s):
“(i) for quashing of the order dated
01.08.2017 passed by the Arbitrator cum
Additional Collector, Aurangabad vide L.A. Case
No. 160/16-17 whereby and where under the
respondents had not been ready to give the
commercial rate to acquire land of the petitioner
by the National Highway Authority of India for
making six lane and the nature of the acquire
land is commercial but the compensation amount
has been fixed on basis of the Agriculture rate.
(ii) for respondents to determined and
of give that appropriate compensation to the
Patna High Court CWJC No.4357 of 2018(2) dt.20-01-2026
2/2
petitioner on the basis of commercial rate for his
about 10.822 decimals land of Khata No. 225,
Plot No. 1792 of Mauza-Madanpur, Thana No
785 in the district of Aurangabad which is going
to be acquired by the National Highway Authority
for purpose of making six lane of N.H.-2 (G.T.)
road from Kolkata to Delhi and also pray to
change the nature of the acquire land from
agricultural to commercial and the competent
authority may directed to make the payment of
the acquire land on the basis of commercial.
And/or for any of the appropriate
relief(s) to the petitioner for which he may be
found entitled to in the eye of law.”
3. After some argument, learned counsel for the
petitioner submits that he shall be approaching the Land
Acquisition Rehabilitation and Resettlement Authority
4. Granting said liberty, the writ petition is disposed
of.
(Rajiv Roy, J)
vinayak/-
U
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