Created by Fuzzy Cloud

Patna High Court

Azad KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/5




                             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
                                            3/5




                             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
                                            4/5




                      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
                                                        5/5




                      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


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.