Patna High Court
Utpal VyasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed of, granting the petitioner liberty to approach the appropriate forum for his compensation claim.
Summary
Petitioner Utpal Vyas filed a writ petition in the Patna High Court seeking compensation for land acquired by the State of Bihar, invoking the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. He requested a writ of mandamus directing the respondents to recompute compensation under Sections 26‑30 of the Act, or alternatively to pay a fixed rate of Rs. 40,000 per acre as determined in an earlier appeal. No counsel appeared for the State. The Court, after hearing the petitioner’s counsel, granted him liberty to pursue the matter before the appropriate forum and disposed of the writ petition without granting any substantive relief. Consequently, the petition was effectively dismissed.
Issues considered
- Whether the High Court can direct the State to pay compensation under the 2013 Land Acquisition Act in the present writ petition.
- Whether the petitioner is entitled to a fresh determination of compensation under Sections 26‑30 of the Act.
- Whether the Court can enforce a specific compensation rate fixed in an earlier appeal.
Legislation cited
Subjects
- Land acquisition
- Compensation
- Writ petition
- Mandamus
- 2013 Land Acquisition Act
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4394 of 2026
======================================================
Utpal Vyas S/o Late Chandu Lal, Resident of Unit- 3, Parul Garden, 29/3
Govinda Bose Lane Bhowanipur, Kolkata- 700025 West Bengal.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary Govt. of Bihar Patna.
2. The Principal Secretary, Revenue and Land reforms Department, Govt. of
Bihar Patna.
3. The Collector, Purnea, Bihar.
4. The Additional Collector, Purnea, Bihar.
5. The District Collector, Katihar, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Himanshu Praveer, Adv.
For the Respondent/s : None
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 09-04-2026 Heard Mr. Himanshu Praveer, learned counsel for the
petitioner, there is no representation on behalf of the State.
2. The present application has been preferred for the
following relief(s):
(i) for issuance of an appropriate writ
/ order /direction and commanding the
respondents to pay compensation in respect of
the acquired land strictly in accordance with the
Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and
Resettlement Act, 2013, together with all
statutory benefits.
(ii) that this Hon'ble High Court may
further be pleased to issue a writ of mandamus
directing the respondents to re-determine and
Patna High Court CWJC No.4394 of 2026(2) dt.09-04-2026
2/2
pay compensation to the petitioner afresh in
accordance with Sec 26 to 30 read with the First
Schedule of the 2013 Act, together with all
statutory benefits.
(iii) that in the alternative, this
Hon'ble High Court may be pleased to direct the
respondents to pay compensation as finally
determined or decided by Hon'ble High Court,
Patna in Appeal no- 331 of 1965 on dated
20.12.1973, i.e. at the rate of Rs. 40,000 per
acre for 0.105 acres, along with statutory
interest of 15% and additional 6% on enhanced
compensation from the date of acquisition till
actual payment, along with costs, legal expenses
as may deem fit & proper.
(iv) that such other reliefs be granted
as may be deemed fit and proper in the interest
of justice...
3. After some argument, learned counsel for the petitioner
submits that he may be permitted to explore his case before
appropriate forum.
4. Granting said liberty and appreciating the stand taken
by him, the writ petition is disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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