Created by Fuzzy Cloud

Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court did not set aside the notice but directed the petitioners to approach the Bihar State Road Development Corporation with a proper petition, effectively dismissing the writ while allowing the matter to be pursued through the appropriate administrative channel.

Summary

The petitioners, three private landowners, challenged a notice issued under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for the acquisition of their land for a four‑lane road project, arguing that the land had already been acquired earlier and that the state should instead acquire available government land. They sought quashing of the notice, a fresh alignment plan, and restraint of any coercive action. The State and the Bihar State Road Development Corporation (BSRDCL) contended that the acquisition steps complied with law. The High Court noted a prior communication from the corporation acknowledging the issue and directed the petitioners to file a proper petition before the corporation within four weeks, with the respondents to consider it and complete the process within two months. No substantive order to set aside the notice was made; the writ petition was disposed with the observation that the petitioners must approach the corporation for relief.

Issues considered

  • Whether the notice issued under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for acquiring the petitioners' land can be quashed.
  • Whether the State is obliged to acquire government land instead of the petitioners' private land for the road project.
  • Whether a fresh alignment plan must be prepared in compliance with the Act.
  • Whether coercive steps such as dispossession or demolition can be restrained pending resolution.

Legislation cited

Subjects

  • Land acquisition
  • Right to Fair Compensation Act
  • Road construction
  • Government land
  • Writ petition
  • Quashing notice
  • Alignment plan

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.4704 of 2026
                 ======================================================
           1.     Sunil Kumar Son of Late Siyasaran Paswan, Resident of Siyasaran Market,
                  Chandeshwar Bhavan, Parsa P.O. - Parsa, P.S. - Parsa , District - Patna,
                  Bihar.
           2.    Smt. Radha Rani Devi @ Radha Rani Sah, Wife of Late Jagdish Sah,
                 Resident of Village - Parsa, P.O. - Parsa, P.S. Parsa, District - Patna, Bihar.
           3.    Smt. Sumitra Devi, Wife of Shiv Kumar Shah, Resident of Village Parsa,
                 P.O. Parsa, P.S. Parsa, District - Patna, Bihar.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Chief Secretary, Government of Bihar, Patna.
           3.    The Additional Chief Secretary,             Road   Construction      Department,
                 Government of Bihar, Patna.
           4.    The Managing Director, Bihar State Road Development Corporation
                 Limited (BSRDCL), Patna, Bihar.
           5.    The District Magistrate, Patna, Bihar.
           6.    The District Land Acquisition Officer, Patna, Bihar.
           7.    The Executive Engineer, Road Construction Department, Patna City Anchal,
                 Patna, Government of Bihar.
           8.    The Circle Officer, Phulwari Sharif, Patna, Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Madhukar Mohan, Advocate
                 For the State            :        Mr. Standing Counsel (16)
                                          :        Mr. Madhukar Mishra, AC to SC-16
                 For the BSRDCL           :        Mr. P.K. Shahi, Sr. Advocate
                                          :        Mr. Manish Dhari Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   15-06-2026                    Heard the parties.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                              “(i) to set aside/quash the notice issued by

                                        the Respondent Authority under the relevant
Patna High Court CWJC No.4704 of 2026(3) dt.15-06-2026
                                            2/5




                             provisions of the Right to Fair Compensation

                             and     Transparency          in      Land    Acquisition,

                             Rehabilitation and Resettlement Act, 2013, in

                             connection           with     the      project    namely

                             "Construction of Four Lane Elevated/At-Grade

                             Road from the Eastern Side of Railway Line from

                             Mithapur-Sipara-Mohuli-Punpun up to Parsa

                             Link Road"( hereinafter referred to as the

                             "Project").

                                         (ii)        to   direct    the    Respondent

                             Authorities        to    consider     and    acquire   the

                             Government land available at Village Rahimpur,

                             thana no-98,Circle - Phulwari, District -Patna

                             for the aforesaid Project, if the Project is to be

                             undertaken and identified in accordance with the

                             provisions of the Right to Fair Compensation

                             and     Transparency          in      Land    Acquisition,

                             Rehabilitation and Resettlement Act, 2013

                             (henceforth for short ‘the Act’), instead of

                             proceeding against the land of the petitioners,

                             and to act strictly in consonance with the

                             mandate of ‘the Act’ of 2013.
Patna High Court CWJC No.4704 of 2026(3) dt.15-06-2026
                                            3/5




                                         (iii)    to      direct    the   Respondent

                             Authorities to prepare and formulate a fresh and

                             lawful alignment plan for completion of the

                             aforesaid Project, strictly in accordance with the

                             provisions of ‘the Act’ of 2013, ensuring due

                             consideration of available Government land and

                             safeguarding the lawful rights and interests the

                             petitioners.

                                         (iv)     to     restrain   the   Respondent

                             Authorities from taking any coercive steps,

                             including dispossession or demolition, pursuant

                             to the impugned notice, during the pendency of

                             the present writ application.

                                         (v) to pass any other order or direction

                             which this Hon'ble Court may deem fit and

                             proper in the facts and circumstances of the

                             case.”

                      3. The matter relates to construction of Mithapur-

          Sipara-Mohuli-Punpun four-lane elevated road and towards

          Parsa-Sampatchak for which notifications have been issued

          under section 11(1) of the said act on 17.05.2025 and section

          19(1) of the said act on 19.01.2026.
Patna High Court CWJC No.4704 of 2026(3) dt.15-06-2026
                                            4/5




                      4. The contention of the three petitioners is/are that

          decades ago, the Government acquired the land which is

          available to them but unnecessary the second acquisition is

          being made which is greatly going to affect them as also the

          other villagers.

                      5. The submission of the learned counsel for the

          petitioner Mr. Madhukar Mohan is that the Bihar State Road

          Development Corporation Ltd. (henceforth for short ‘the

          Corporation’) took note of the fact that earlier vide letter no.915

          dated 20.08.2025, a communication was also made with the

          Executive Engineer, Minor Irrigation Department to this effect.

                      6. The submission is that they have sat over the

          matter. Both the State as also learned counsel for ‘the

          Corporation’ are represented here and the joint submission is

          that for the development/construction of the said road, steps

          have been taken which is in accordance with law.

                      7. This Court has taken note of the facts of the case as

          also the communication made by ‘the Corporation’ dated

          20.08.2025 and is of the opinion that when ‘the Corporation’

          itself has taken cognizance of the matter, the petitioners who

          have not come up with all the facts/details of the crisis they are

          underlining should approach ‘the Corporation’ alongwith the
            Patna High Court CWJC No.4704 of 2026(3) dt.15-06-2026
                                                        5/5




                      proper petition as submitted by its learned counsel.

                                  8. Learned counsel for the petitioner submits that

                      within four weeks, the individual petitioner shall be appearing

                      before ‘the Corporation’ with their respective petition.

                                  9. If such petition is preferred, this Court expects

                      from the respondents to take the same to its logical conclusion.

                      The entire process is to be completed within a period of two

                      months from the date the petitioners submit the individual

                      petition.

                                  10. The writ petition is disposed of with the aforesaid

                      observation.



                                                    (Rajiv Roy, J)
vinayak/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.