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Patna High Court

Ajay Kumar Sahni @ Ajay Sahni,versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the acquisition proceedings should not be quashed but the petitioners must approach the LARRA for a lawful determination, and the Authority must issue a reasoned order after notifying all parties.

Summary

The petitioners, three brothers residing in Delhi, challenged the acquisition of a 0.21‑acre plot in Muzaffarpur, Bihar, alleging a dispute over title and seeking quash of the acquisition proceedings initiated under Land Acquisition Case No. 7/2019‑2020. They prayed for a fresh proceeding, proper market‑value compensation, and a stay of the notice affixed to the property. The court noted that the matter had already been referred to the Land Acquisition, Rehabilitation & Resettlement Authority (LARRA) under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and that compensation had been deposited with the Authority. With the parties’ consent, the court directed the petitioners to approach LARRA with the relevant documents and ordered the Authority to notify all parties and pass a reasoned order at the earliest. The writ petition was consequently disposed, with the observation that the acquisition process should proceed in accordance with law.

Issues considered

  • The validity of the acquisition proceedings under the RFCTLARR Act, 2013 for the disputed plot.
  • Whether the acquisition should be quashed and a fresh proceeding initiated.
  • Whether the petitioners are entitled to compensation at market value.
  • The propriety of staying the notice affixed to the property pending final determination.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • RFCTLARR Act
  • LARRA
  • stay order
  • civil writ
  • property dispute

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.660 of 2026
                 ======================================================
           1.     Ajay Kumar Sahni @ Ajay Sahni, Son of Vishwanath Sahani, R/o Mahawal,
                  Rly Station, Mahawal, P.S.- Motipur Mhawal, District- Muzaffarpur at
                  present are the resident of House No. 28A, 3rd Floor, Ganesh Nagar, Pandav
                  Nagar, P.S. Mandawali, Pandav Nagar, Delhi- 92, Delhi.
           2.    Sanjay Sahni, Son of Vishwanath Sahani, R/o Mahawal, Rly Station,
                 Mahawal, P.S.- Motipur Mhawal, District- Muzaffarpur at present are the
                 resident of House No. 28A, 3rd Floor, Ganesh Nagar, Pandav Nagar, P.S.
                 Mandawali, Pandav Nagar, Delhi- 92, Delhi.
           3.    Vijay Kumar Sahani @ Vijay Sahni, Son of Vishwanath Sahani, R/o
                 Mahawal, Rly Station, Mahawal, P.S.- Motipur Mhawal, District-
                 Muzaffarpur at present are the resident of House No. 28A, 3rd Floor, Ganesh
                 Nagar, Pandav Nagar, P.S. Mandawali, Pandav Nagar, Delhi- 92, Delhi.

                                                                              ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principle Secretary Revenue and Land
                 Reform Department Bihar of Patna.
           2.    The Principle Secretary Land Acquisition Department State of Bihar at
                 Patna.
           3.    The District Magistrate, Muzaffarpur, Bihar.
           4.    The District Land Acquisition officer, Muzaffarpur, Bihar.
           5.    The Circle Officer, Motipur, District Muzaffarpur, Bihar.
           6.    The Rly Administration East Central Rly, Hajipur through the Chief
                 Personal Officer (C.P.O.), East Central, Railway (ECR), Hajipur.
           7.    The Deputy Chief Engineer, East Central Railway (ECR), Hajipur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Ramendra Kumar Bharti, Advocate
                 For the Respondent/s   :        Mr.Kumar Pankaj, AC to SC-5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   21-04-2026                  Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) the acquisition proceedings contained in

                                            L.A. Case No. 7/2019-2020 be quashed with
Patna High Court CWJC No.660 of 2026(4) dt.21-04-2026
                                            2/3




                                  respect to Khata No. 650 Khesra (Plot No.)

                                  4944 having an area of 0.21 acres in the

                                  Mauza Mahawal Anchal Motipur under the

                                  District Muzaffarpur, Bihar;

                                  (ii) the fresh proceeding for the aforesaid

                                  plot in question may be initiated against the

                                  petitioners strictly according to the law, if

                                  the need of plot still stand for Respondents;

                                  (iii) the plot in question be acquired only

                                  after proper acquisition and payment of

                                  compensation at the market value of the plot

                                  in question;

                                  (iv) till the final disposal of the fresh

                                  proceeding the operation of the notice

                                  pasted upon the door of the house and as

                                  contained in annexure be stayed;

                                  (v) any other relief or reliefs may also be

                                  granted to the petitioners which this.

                                  Hon'ble court may deem fit and proper.

                       3. Paragraphs -11 and 12 shows that due to dispute

          with regard to title of the land including the land of petitioner, it

          has been referred to Land Acquisition, Rehabilitation &
         Patna High Court CWJC No.660 of 2026(4) dt.21-04-2026
                                                     3/3




                   Resettlement        Authority,          Tirhut   Division,   Muzaffarpur

                   (henceforth for short ‘the LARRA’) under section of the

                   RFCTLARR Act, 2013 (henceforth for short ‘the Act’) and the

                   compensation amount has been deposited with the Bank

                   Account of ‘the LARRA’ .

                                4. In that background, with the consent of the parties,

                   this Court is allowing the petitioner to approach ‘the LARRA’

                   alongwith all the relevant documents were the matter has

                   already been taken.

                                5. Needless to add, if the petitioner appears, the

                   authority shall be noticing the relevant parties and pass an

                   appropriate reasoned order in accordance with law at an earliest.

                                6. The writ petition is disposed of with the aforesaid

                   observation.




                                                 (Rajiv Roy, J)
Ravi/-

U


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