Patna High Court
Azad KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is dismissed, directing the petitioner to present his documents before the District Land Acquisition Officer, who may award compensation if the claim is substantiated.
Summary
The petitioner, Azad Kumar, challenged the acquisition of his residential land for the Islampur Bypass road, seeking a modification of the alignment to avoid demolition of his house and demanding full compensation and rehabilitation under the 2013 land acquisition law. The State argued that an award had been prepared and the petitioner had failed to submit required documents, directing him to approach the District Land Acquisition Officer for any grievance. The Court noted the petitioner’s willingness to appear before the officer with documents and to accept compensation if the land’s classification is upheld. It ordered the petitioner to appear before the District Land Acquisition Officer on 20 July 2026 and, if his claim is verified, to receive payment within two weeks. The Court also affirmed the petitioner’s right to agitate the land‑category issue before a higher authority and disposed of the writ petition with these observations.
Issues considered
- The alignment of the proposed Islampur Bypass road should be modified to avoid demolition of the petitioner's residential house.
- Whether the petitioner is entitled to full compensation and rehabilitation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
- The adequacy of the petitioner's documentation and his compliance with procedural requirements for claiming compensation.
Legislation cited
Subjects
- land acquisition
- compensation
- rehabilitation
- resettlement
- mandamus
- road alignment
- classification of land
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5859 of 2026
======================================================
Azad Kumar S/o- Lakhan Garai, R/o- Dhamauli, Murgawan, P.S- Islampur,
District- Nalanda, State Bihar. 801303.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Government of Bihar, Patna.
2. The Principal Secretary, Road Construction Department, Government of
Bihar, Patna.
3. The District Magistrate, Nalanda, Bihar.
4. The Land Acquisition Officer, District Nalanda.
5. The Additional Collector, Nalanda.
6. The Deputy Collector, Land Reforms, Nalanda.
7. The Executive Engineer, Hilsa, Nalanda.
8. The Circle officer, Ismlampur, Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shambhu Sharan, Advocate
For the State : Mr. Government Pleader (07)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 06-07-2026 Heard Mr. Shambhu Sharan, learned counsel for the
petitioner and Ms. Roona, learned counsel representing the
State.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for the issuance of an appropriate writ,
order or direction, including a writ in the nature
of Mandamus, commanding the Respondent
Authorities to reconsider and suitably modify or
Patna High Court CWJC No.5859 of 2026(3) dt.06-07-2026
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marginally divert the proposed alignment of the
"Islampur Bypass" road in such a manner that
the petitioner's sole residential house is not
demolished, particularly when viable alternative
alignment through adjoining agricultural land is
available;
(ii) for the issuance of an appropriate
writ, order or direction, directing that in the
event the proposed alignment is not modified and
the petitioner's residential house is required to
be demolished, the Respondent Authorities be
commanded to grant full, fair and lawful
compensation strictly in accordance with the
provisions of the Act of 2013, including correct
determination of market value with applicable
multiplier, valuation of the entire residential
structure and attached assets on replacement
cost basis, payment of 100% solatium, and all
admissible statutory benefits;
(iii) for issuance of a further writ in
the nature of Mandamus directing the
Respondents to extend to the petitioner all
Patna High Court CWJC No.5859 of 2026(3) dt.06-07-2026
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statutory rehabilitation and resettlement benefits
under Section 31 read with the Second Schedule
of the Act, including provision of a constructed
residential house or adequate financial
assistance sufficient for construction of an
alternative dwelling house;
(iv) for issuance of a writ, order or
direction directing the Respondents to conduct a
fresh and independent technical valuation of the
petitioner's residential structure, borewell, hand
pump and other permanent constructions
through a competent authority;
(v) for issuance of an interim order
restraining the Respondents from demolishing
the petitioner's sole residential house without
first ensuring payment of full, fair and lawful
compensation along with statutory rehabilitation
benefits;
(vi) and for passing such other
order(s) or direction(s) as this Hon'ble Court
may deem fit and proper in the facts and
circumstances of the case.”
Patna High Court CWJC No.5859 of 2026(3) dt.06-07-2026
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3. The details of the land stands recorded in paragraph
no.4 as under:
“Khata No.22, Khesra No. 807
(corresponding Plot No. 1013/807, Thana No.97
Mauza-Dhamauli, District-Nalanda.”
4. The aforesaid land has been acquired for the
purpose of proposed alignment of Islampur Bypass Road.
5. The contention is that the though the entire area
should have been declared residential, only the part where the
structure was existing has been declared residential while others
have been shown to be agricultural.
6. Learned State counsel armed with the counter
affidavit filed on behalf of the District Land Acquisition Officer,
Nalanda submits that an award has been prepared, petitioner
was repeatedly asked to present his credentials so that the
payment could be made but he failed to do so. Further, if he has
any grievance, appropriate superior authority are there, where he
can agitate the same.
7. At this stage, learned counsel for the petitioner
submits that reserving his right to challenge the category of the
land, he is ready to take the compensation amount and would be
presenting himself before the District Land Acquisition Officer,
Patna High Court CWJC No.5859 of 2026(3) dt.06-07-2026
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Nalanda on 20.07.2026 at 11 AM.
8. Having recorded all the facts, accepting the words
of both the parties, let the petitioner appear before the concerned
officer (District Land Acquisition Officer, Nalanda at
Biharsharif) on 20.07.2026 at 11 AM alongwith all his
documents whereafter the said officer shall be free to fix date to
convince himself about the genuineness of the claim of the
petitioner over the land and if the documents are found in order,
the payment has to be made within a period of fortnight from
the date the District Land Acquisition Officer, Nalanda comes to
a conclusion that the petitioner is entitled to the compensation.
9. The petitioner is free to agitate the matter before
the superior authority so far as the categorization of the land is
concerned.
10. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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