Patna High Court
Lalita DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the remedy for the petitioner’s grievance lies with the Arbitrator cum Divisional Commissioner, and therefore the writ petition cannot be entertained by this Court.
Summary
Lalita Devi filed a writ petition challenging the acquisition of her 0.075‑acre land for the NH‑80K four‑lane project, seeking quashing of the acquisition order, higher compensation under the Land Acquisition Act, 2013, and a fresh award. The respondents contended that the award and compensation had already been prepared and that any grievance should be addressed before the Arbitrator cum Divisional Commissioner. The Court observed that the appropriate remedy lay with the Arbitrator and that the petitioner, having already received compensation, must approach that authority. With the parties’ consent, the Court disposed of the petition, directing the petitioner to file her claim before the Arbitrator within four weeks and to obtain a reasoned order by year‑end.
Issues considered
- Whether the High Court can quash the land acquisition notice/order issued by the District Magistrate.
- Whether the petitioner is entitled to a higher compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
- Whether the appropriate forum for the grievance is the Arbitrator cum Divisional Commissioner.
Legislation cited
Subjects
- land acquisition
- compensation
- certiorari
- mandamus
- NHAI
- Right to Fair Compensation
- arbitration
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5502 of 2026
======================================================
Lalita Devi Wife of Anil Kumar Sah, Resident of Kamal Nagar Colony,
Mirjanhat, Manikpur, Police Station- Mujahidpur, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Revenue and Land Reform Department,
Government of Bihar, Patna.
3. The Divisional Commissioner, Bhagalpur.
4. The District Magistrate-cum-Collector, Bhagalpur.
5. The Block Development Officer, Bhagalpur.
6. The District Land Acquisition Officer, Bhagalpur.
7. The Chief Engineer, National Highway Authority of India (NH- 80 Project),
Munger- Mirzachowki Section.
8. The Project Director, National Highways Authority of India (NHAI),
Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms.Smriti Singh, Advocate
For the Respondent/s : Mr.Mujtabual Haque, GP(12)
Mr. Pranoy Kumar, AC to GP-12
For the NHAI : Mr. Rajesh Kumar Shandliya, Advocte
Ms. Ankita Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 27-04-2026 Heard Ms.Smriti Singh, learned counsel for the
petitioner and the State.
2. The present petition has been preferred for the
following relief/s:
(i) for issuance of Writ in the nature of
Certiorari for quashing the notice/order
contained in letter no.12 dated 11.08.2021 in
Land Acquisition Case No. 31/2019-20 by
Patna High Court CWJC No.5502 of 2026(2) dt.27-04-2026
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the Office of the District Magistrate,
Bhagalpur stating that the land of the
petitioner of area 0.075 acres was being
acquired by the government for constriction
of four lane in NH-80K (Munger-
Mirzachauki) for condensation аmоunt of
only Rs.1, 70,405,37/-
(ii) For issuance of Wrist in the native of
mandamus or any other appropriate writ for
giving directions to the Respondent
authorities for giving the adequate
compensation for acquiring the land of the
petitioner located at Mauza Kanjhia, Thana
No. 353, Khata No. 76, Khesra No. -23, P.S.-
Nathnagar, District-Bhagalpur admeasuring
an area of 0.075 acre by the Government for
construction of four lane in NH-80K
(Munger Mirzachauki) in accordance of the
clrele rate for commercial land;
(ii) for Issuance of necessary direction upon
the respondent authorities to prepare fresh
award under the Right to Fair Compensation
Patna High Court CWJC No.5502 of 2026(2) dt.27-04-2026
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and Transparency in Land Acquisition
Rehabilitation and Resettlement Act, 2013
(hereinafter referred to as Land Acquisition
Act, 2013);
(iv) for issuance of any other appropriate
writ, order or direction which your
Lordships may deem fit and proper in the
facts and circumstances of the case.
3. At the outset, learned counsel representing the
respondents submits that award stands prepared and
compensation amount also taken.
4. If the petitioner is aggrieved by the categorization
of the land, remedy is before Arbitrator cum Divisional
Commissioner (respondent no.03).
5. This Court is also of the opinion that when such
matters are being taken up by the Arbitrator cum Divisional
Commissioner, Bhagalpur, the petitioner who has already
received compensation, should also move before the concerned
authority.
6. In that background, with the consent of the parties,
the writ petition is disposed of allowing the petitioner to
Arbitrator cum Divisional Commissioner, Bhagalpur,
Patna High Court CWJC No.5502 of 2026(2) dt.27-04-2026
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respondent no.03 in next four weeks who shall be taking up the
matter and after hearing all the parties passing a reasoned order
at an earliest preferably by the end of this year.
(Rajiv Roy, J)
Ravi/-
U
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