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Patna High Court

Ramashray SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioners must approach the Sub‑divisional Officer under Section 5 of the Bihar Agriculture Land (Conversion for Non‑Agricultural Purposes) Act, 2010 for conversion, and the District Land Acquisition Officer may consider payment of compensation at commercial value, leading to disposal of the writ petition.

Summary

The petitioners, Ramashray Singh and Krishna Nandan Singh, challenged the compensation paid for their land acquired under an emergent process for the Pawapuri‑Ghosrawan Road, arguing that the land should be treated as commercial and compensated at a higher rate. They had received compensation in 2015 for agricultural land under protest and subsequently filed representations in 2013, 2014 and 2015 seeking payment at commercial rates based on the Market Value Register. The State contended that the land remained classified as agricultural and the petitioners were not entitled to enhanced compensation. The Court held that the petitioners failed to convert their land to non‑agricultural status under the Bihar Agriculture Land (Conversion for Non‑Agricultural Purposes) Act, 2010, and therefore must approach the Sub‑divisional Officer under Section 5 of that Act for conversion, while the District Land Acquisition Officer may consider payment at commercial value. The Court directed the petitioners to pursue the conversion within three months and disposed of the writ petition.

Issues considered

  • Whether the petitioners are entitled to compensation at commercial land rates for land acquired under an emergent process.
  • Whether the petitioners can claim conversion of agricultural land to non‑agricultural land under the Bihar Agriculture Land (Conversion for Non‑Agricultural Purposes) Act, 2010.
  • Whether the court can direct the State to pay enhanced compensation or order conversion.

Subjects

  • land acquisition
  • compensation
  • commercial land
  • agricultural land conversion
  • emergent acquisition
  • Market Value Register
  • Bihar Agriculture Land Act
  • writ petition

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.540 of 2026
     ======================================================
1.    Ramashray Singh S/o Late Sakaldeo Singh
2.   Krishna Nandan Singh, S/o Late Sakaldeo Singh
     Both resident of village- Goshrawan, P.S.- Giriyak, Disrtrict- Nalanda,
     Bihar, (803115).

                                                                 ... ... Petitioner/s
                                        Versus
1.   The State of Bihar
2.   The Secretary, Department of Revenue and Land Reforms, Government of
     Bihar, Patna.
3.   The Secretary, Department of Road Construction, Government of Bihar,
     Patna.
4.   The District Magistrate Nalanda, At Biharsharif, District- Nalanda.
5.   The Additional Collector, Land Reforms, Nalanda At Biharsharif, District-
     Nalanda.
6.   The Deputy Collector Incharge cum Secretary, Public Grievance Cell
     Nalanda at Biharsharif, District- Nalanda.
7.   The District Land Acquisition Officer, Nalanda At Biharsharif, District-
     Nalanda.
8.   The Circle Officer (C.O.), Giriyak, District- Nalanda.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Aaruni Singh, Advocate
     For the Respondent/s   :      Mr.Majid Mahbood Khan, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
     ORAL JUDGMENT
      Date : 22-01-2026

                   Heard learned counsel appearing on behalf of the

      petitioners and the land counsel for the State.

                  2. The petitioners in paragraph no. 1 of the present

      writ petition have sought inter alia following relief(s), which is

      reproduced hereinafter:-

                   “A. For issuance of an appropriate writ order or
                   direction commanding the respondents to pay the
Patna High Court CWJC No.540 of 2026 dt.22-01-2026
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                       compensation amount to the petitioners at an
                       enhanced rate as per claim made in representation
                       date 06-06-2013, Petition dated 25-08-2014 as well
                       as 20-03-2015 for the land of the Petitioners which
                       has been acquired under emergent process while
                       Notification dated 06-12-2013 and Declaration
                       dated 09-12-2013 published in District Gazettes
                       bearing P.R. No. 104/2013-14 for constriction of
                       Pawapuri-Ghosrawan Road, situated in village
                       Ghosrawan, Thana No.-309, Anchal-Giriyak,
                       District-Nalanda.

                       B. For issuance of an appropriate writ order or
                       direction commanding the Respondents to dispose
                       of the Representation date 06-06-2013 as well as
                       20-03-2015 filed by the present Petitioners along
                       with others before the District Land Acquisition
                       Officer Patna, District- Patna with a prayer to pay
                       the remaining compensation amount and also to
                       enhance the rate of the land of the Petitioners.

                       C. For issuance of an appropriate writ order or
                       direction commanding the Respondents either to
                       pay the compensation amount at an enhanced rate
                       as per claim made in Representation date 06-06-
                       2013. Petition dated 25-08-2014 as well as 20-03-
                       2015 to the Petitioners for the land of the
                       Petitioners which has been acquired under
                       emergent process or de-notify the said Notification
                       by releasing the land of the Petitioners by handing
                       over the possession over the land which has been
                       acquired.

                       D. For issuance of an appropriate writ order or
                       commanding the Respondents to make reference of
                       the land Acquisition Case No. 10 of 2014-2015 to
                       concern Land Acquisition Judge for re-evaluation
                       of the land which initiated by the authorities on the
                       Petition filed by the present Petitioners before the
                       District Land Acquisition Officer District-Nalanda
                       with a prayer to enhance the rate of the land of the
                       Petitioners.

                       E. For any other relief of reliefs for which
Patna High Court CWJC No.540 of 2026 dt.22-01-2026
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                       Petitioners are entitled in the opinion of this
                       Hon'ble High Court.”

                      3. Learned counsel appearing on behalf of the

         petitioners submitted that the petitioners are raiyat and their

         land was acquired for the purpose of construction of Pawapuri-

         Ghosrawan Road.

                      4. The description of the land has been mentioned in

         Paragraph No.4 of the writ petition.

                      5. Before acquisition of the land, the petitioners were

         given opportunity to file their objection and the petitioners did

         so by filing an objection as per the provisions of Bihar

         Agriculture Land (Conversion for Non-Agriculture Purposes)

         Act, 2010 (hereinafter to be referred as the ‘Act, 2010’) and the

         petitioners were paid the required compensation.

                      6. Learned counsel appearing on behalf of the

         petitioners informs that for similar relief(s), other family

         members of the petitioners had approached this Court by filing

         CWJC No.14048 of 2017 (Kanti Devi & Anr. Vs. The State of

         Bihar & Ors.) for making payment of required compensation on

         the basis of MVR in respect of the commercial land.

                      7. Learned counsel further informs that the petitioners

         had received compensation, as per the award, in the year, 2015

         under protest and now the petitioners by filing the present writ
Patna High Court CWJC No.540 of 2026 dt.22-01-2026
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         petition seeks difference amount of compensation after

         declaring their land to be ‘commercial land’.

                      8. Per contra, Mr. Majid Mahboob Khan, learned

         counsel appearing on behalf of the State is opposing the reliefs,

         as prayed for in the present writ petition, on the ground that the

         land falling in the vicinity of the petitioners to be commercial

         land, as per the report of the Sub Registrar of the district

         prepared on the basis of Market Value Register (MVR)

         determined by the State Government for commercial land, as

         such, the petitioners are not entitled for any reliefs as prayed for

         in the present writ petition, as till date, the land of the petitioners

         is recorded as agricultural land and not non-agricultural land.

                      9. Heard the parties.

                      10. Having considered the rival submissions made on

         behalf of the parties, I find that it is admitted that the petitioners

         have been paid compensation in the year, 2015, under protest,

         which had been fixed for agriculture land and thereafter, the

         petitioners filed a representation before the District Land

         Acquisition Officer, Nalanda on 06.06.2013 and also before the

         District Magistrate-cum-Collector, Nalanda on 25.08.2014 to

         make payment of the compensation for commercial land as

         fixed in MVR but they have not heed to the said request made
Patna High Court CWJC No.540 of 2026 dt.22-01-2026
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         by the petitioners.

                      11. This Court finds that recently the State

         Government has come out with Bihar Agriculture Land

         (Conversion for Non-Agricultural Purposes) Act, 2010 for

         conversion of agricultural land to non-agricultural purpose after

         making payment of required conversion fee at the rate of current

         market value.

                      12. After coming into force of Act, 2010, the land of

         the petitioners was acquired on 06.12.2013, as such, the

         petitioners are themselves responsible for not getting their land

         converted into non-agriculture land, which was being used for

         commercial purpose and the rent was also being paid on the

         basis of revenue fixed for commercial land and it has been

         supported by the report of the Circle Officer, Giriyak          as

         contained in Letter No.992 dated 28.09.2013          and the Sub

         Registrar, Rajgir, as contained in Letter No.93 dated 02.03.2015.

                      13. In view of the admitted position, as well as, the

         provision of Act, 2010, report of the Circle Officer, Nalanda,

         report of the Sub Registrar and the MVR fixed for the land in

         the vicinity where the land of the petitioners is located, I find

         that the petitioners may approach the Competent Authority, who

         is the Sub-divisional Officer, as per the provision of Section 5 of
             Patna High Court CWJC No.540 of 2026 dt.22-01-2026
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                      Act, 2010, however, this will not come in the way of the District

                      Land Acquisition Officer concerned for making payment of the

                      required compensation at the rate of commercial value of the

                      land, which was prevalent in the year, 2015 when the petitioners

                      had admittedly accepted the amount of compensation calculated

                      on the basis of MVR relating to the agriculture land though

                      under protest.

                                    14. The above exercise is required to be completed

                      well within a period of three months from the date of passing of

                      this order.

                                    15. With the above observation/direction, the present

                      writ petition stands disposed of.




                                                 (Purnendu Singh, J)
chn/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          22.01.2026
Transmission Date       NA


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