Patna High Court
Pratima DasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed, with the Court directing the petitioners to file a fresh representation before the District Land Acquisition Officer for a reasoned order on compensation.
Summary
The petitioners, owners of residential land slated for acquisition for the widening of NH‑333A, challenged the compensation fixed by the District Land Acquisition Officer (DLAO) at Rs.22,000 per decimal, arguing that the land is residential with a market value of Rs.3,00,000 per decimal. They sought a mandamus directing the authorities to award compensation based on residential rates and raised an objection on 04‑06‑2022 which remained unaddressed. The State counsel contended that the annexure submitted lacked proper acknowledgment by the concerned office. The Court noted that the petitioners had not yet pursued a fresh representation before the DLAO and directed them to do so within four weeks. It held that the DLAO should consider the matter, give a reasoned order, and notify all relevant parties. Consequently, the writ petition was disposed without granting the reliefs claimed.
Issues considered
- Whether the compensation fixed for the land acquisition as agricultural land is legally valid when the land is residential.
- Whether the High Court can issue a mandamus directing the authority to fix compensation based on residential rates.
- Whether the petitioners' objection filed on 04‑06‑2022 necessitates further administrative action before judicial intervention.
Subjects
- Land Acquisition
- Compensation
- Writ of Mandamus
- Residential Land
- Agricultural Land
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4674 of 2026
======================================================
1. Pratima Das W/o Dinesh Kumar Das, resident of village and P.O.- Chewara,
P.S.-Cheuwara, District-Sheikhpura.
2. Dinesh Kumar Das, S/o Late Ram Khelawan Das, resident of village and
P.O.- Chewara, P.S.- Cheuwara, District-Sheikhpura.
3. Satish Kumar, S/o Late Ram Khelawan Das, resident of village and P.O.-
Chewara, P.S.-Cheuwara, District-Sheikhpura.
4. Manish Kumar, S/o Late Ram Khelawan Das, resident of village and P.O.-
Chewara, P.S.-Cheuwara, District-Sheikhpura.
5. Kamlesh Kumar, S/o Late Ram Khelawan Das resident of village and P.O.-
Chewara, P.S.-Cheuwara, District-Sheikhpura.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Patna.
3. The Divisional Commissioner, Munger Division, Munger.
4. The District Magistrate-cum-Collector, Sheikhpura.
5. The Competent Authority-cum-the District Land Acquisition Officer,
Sheikhpura.
6. The Block Development Officer, Chewara, District-Sheikhpura.
7. The Circle Officer, Anchal- Chewara, District- Sheikhpura.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Respondent/s : Mr. Standing Counsel (8)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 18-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“i) To issue appropriate order/direction or
writ/writs, preferably in nature of Mandamus,
commanding and directing the Respondent authority
Patna High Court CWJC No.4674 of 2026(2) dt.18-04-2026
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concerned, to fix/award proper and appropriate
compensation amount of the land which are going to
be acquired for widening 2 lane Sadak Project of
N.H.333A Barbigha-Jhajha as per "residential land"
instead of Bhith/agriculture, considering that
petitioners had purchased their lands for
construction of their house which is situated within
Nagar Parishad, Sheikhpura which circle rate is Rs.
96,000/- (Ninety-six thousand) per decimal and its
market value is Rs.3,000/- (three lacs) per decimal,
but the District Land Acquisition Officer, Sheikhpura
in his notice dated 20.06.2024, fixed the
compensation amount of their land is Rs. 22,000/-
(Twenty-two thousand only) per decimal treating the
said land is 'Bhith' (Agricultural), ignoring that land
in question is residential and several residential
houses have constructed there, which is not proper in
the eye of law and requires kind interference of this
Hon'ble Court.
ii) Any other relief/reliefs for which
petitioners are found to be entitled in facts and
circumstance of the case.”
3. Learned counsel for the petitioner submits that
Patna High Court CWJC No.4674 of 2026(2) dt.18-04-2026
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objection was preferred on 04.06.2022 to the respondent no. 5, the
District Land Acquisition Officer, Sheikhpura but till date, no steps
have been taken.
4. Learned State counsel objects to the same and
submits that the concerned Annexure P/2 do not have any
initial/receiving of the concerned office.
5. Learned counsel for the petitioner submits that he
shall be preferring a fresh representation before the respondent no.
5, the District Land Acquisition Officer, Sheikhpura in next four
weeks.
6. The submission of learned State counsel is that if
such objection is filed, it shall be taken to its logical conclusion at
an earliest.
7. In that background, the writ petition stands disposed
of with the observation that if the petitioner prefers
petition/objection before the respondent no. 5, the District Land
Acquisition Officer, Sheikhpura, he shall be taking up the matter
and pass a reasoned order after noticing all the relevant parties at
an earliest.
(Rajiv Roy, J)
Adnan/-
U
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