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Patna High Court

Vijay KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition was disposed of without granting the reliefs sought, indicating that the petitioner must seek redressal through the appropriate authority.

Summary

Vijay Kumar filed a writ petition in the Patna High Court seeking equal acquisition of land from both ends of a proposed highway project (BSHP‑IV) and proper valuation with interest for the land acquired under the Land Acquisition Act, 2013. The petition alleged that a notice was issued for acquisition of a total of 0.1381 acres without any valuation by the District Collector. The petitioner requested the court to direct the respondents to acquire land equally, pay the current market valuation, and add interest at 12% per annum. The State counsel argued that the petitioner could approach the appropriate authority for redressal. The court noted that the petition, if pending, must be concluded promptly and disposed of the writ petition with the observation that the petitioner may approach the appropriate authority. No specific relief was granted by the court.

Issues considered

  • Whether the authorities are required to acquire land equally from both ends of the road for the highway project.
  • Whether the land acquired under Section 11(1) of the Land Acquisition Act, 2013 must be valued at current rates and interest payable.
  • Whether the writ petition can be entertained pending the petitioner’s approach to the appropriate authority.

Legislation cited

Subjects

  • land acquisition
  • valuation
  • compensation
  • interest
  • highway project
  • writ petition
  • Bihar
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4500 of 2026
                 ======================================================
                 Vijay Kumar Son of Late Nageshwar Rai, Resident of Village- Garhan, P.S.-
                 Ahiyapur, District- Muzaffarpur.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Principal Secretary, Revenue and Land Reforms Department,
                 Government of Bihar, Patna.
           3.    The District Collector, Muzaffarpur.
           4.    The District Land Acquisition Officer, Muzaffarpur.
           5.    The Circle Officer, Anchal- Bonchaha, Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s        :       Mr. Satyendra Kumar Sinha, Advocate
                 For the State               :       Mr. Government Pleader (17)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   15-04-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                                 “(i) a direction may be given to the

                                        respondent No. 3 to 5 for equal land acquisition

                                        from the both end of the road for construction of

                                        BSHP-IV (Bihar State Highway Project-IV) in

                                        which a (Bund to Bund Bridge/Elevated Road)

                                        will be constructed upon the Bagmati River and

                                        at          Garahan         (NH-57)-Hathauri-Atarar

                                        Babangawa-Aurai Path (Total Length-2130 km)
Patna High Court CWJC No.4500 of 2026(2) dt.15-04-2026
                                            2/3




                             for which a notice was sent to the name of

                             Nageshwar Rai S/o Dhana Rai (father of the

                             petitioner) R/o Village- Gidha @ Maisha

                             Farukhpur, Anchal-Bochahan, Muzaffarpur vide

                             Memo No. 221, dated 19.01.2026 for acquisition

                             of land of Khata No. 85, Khesra No. 532, Area

                             0.0096 acres and Khesra No. 534, Area 0.1166

                             acres and Khata No. 109, Khesra No. 533, Area

                             0.0119 acres total acquired land 0.1381 acres

                             under Act 30/2013 under Section 11(1) of the

                             Land Acquisition Act, without any valuation of

                             the land by the office of District Collector, (Land

                             Acquisition), Muzaffarpur.

                                         (ii) a further direction may be given to

                             the respondents No. 3 to 5 for payment of proper

                             valuation of the land in acquisition at the present

                             rate and a further payment of interest upon the

                             total sum of 12% per annum till the payment of

                             the compensation the land in question.

                                         (iii) and any other relief/reliefs may be

                             granted to the petitioner as per the law of the

                             land.”
            Patna High Court CWJC No.4500 of 2026(2) dt.15-04-2026
                                                        3/3




                                  3. After some argument, learned counsel for the

                      petitioner submits that he shall be approaching the appropriate

                      authority for the redressal of the grievance.

                                  4. It goes without saying that the petition if filed

                      and/or pending shall be taken to its logical conclusion at an

                      earliest as the petitioner has the right to get an order, once an

                      application has been filed.

                                  5. The writ petition is disposed of with the aforesaid

                      observation.



                                                    (Rajiv Roy, J)
vinayak/-

U


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