Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.