Patna High Court
Rameshwar Prasad ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court disposed the petition, directing the petitioners to approach the appropriate authority for redress, without adjudicating the legality of the 10% deduction.
Summary
The petitioners, a family of landowners, challenged a deduction of 10% from the compensation awarded for land acquisition, alleging that the District Land Acquisition Officer had no authority under the National Highways Act, 1956 to make such a deduction. They sought a declaration that the deduction was illegal, a refund of the deducted amount with interest, and a direction restraining future unauthorized deductions. The State of Bihar and the National Highways Authority of India did not oppose the petition. The court, noting the petitioners' willingness to file a detailed representation with the concerned authority, ordered them to do so within four weeks and promised to conclude the matter within three months if such a representation is filed. No substantive ruling on the legality of the deduction was made, and the petition was disposed with the said observation.
Issues considered
- Whether the District Land Acquisition Officer is empowered under Sections 3A and 3G of the National Highways Act, 1956 to deduct 10% from compensation payable to landowners.
- Whether the deduction of 10% from the compensation is illegal, arbitrary, and without authority of law.
- Whether the petitioners are entitled to a refund of the deducted amount with interest and a restraining order against future unauthorized deductions.
Legislation cited
- National Highways Act, 1956 — s. 3A, 3G
Subjects
- land acquisition
- compensation deduction
- National Highways Act
- writ petition
- illegal deduction
- refund with interest
- restraining order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7040 of 2026
======================================================
1. Rameshwar Prasad Choudhary S/o Biyog Lal Choudhary, R/o Vill- Sahpur
Bijharauli, Mansinghpur Bijhrauli, Vaishali, Bihar.
2. Sushila Jaiswal, W/o Rameshwar Choudhary, R/o Gram/Post- Shahpur,
Jandaha, Vaishali, Bihar- 844505.
3. Sushan Kumar Chaudhary, S/o Rameshwar Prasad Choudhary, R/o Vill.-
Sahpur Bijharauli, Mansinghpur Bijhrauli, Vaishali, Bihar.
4. Sunny Kumar, S/o Rameshwar Prasad Choudhary, R/o Vill.- Sahpur
Bijharauli, Mansinghpur Bijhrauli, Vaishali, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through The Chief secretary, Government of Bihar, Patna.
2. The District Magistrate, Vaishali.
3. The District Land Acquisition Officer, District - Vaishali.
4. The Commercial Taxes Department, through its Commissioner, Government
of Bihar, Patna.
5. The National Highways Authority of India, through its Chairman.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindhyachal Singh, Sr. Advocate
Mr. Rohan Sinha, Advocate
Mrs. Aditi Sahay, Advocate
Ms. Aishwarya Shankar, Advocate
For the Respondent/s : Mr. Government Advocate (3), Subhash Pd. Singh
For the NHAI : Mr. Sriram Krishna, Advocate
Mr. Amarjeet, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 22-06-2026 Heard Mr. Bindhyachal Singh, learned Sr. counsel for
the petitioners, the State and the NHAI.
2. The present petition has been preferred for the
following relief(s):
“a. For issuance of an appropriate
writ/order/direction, declaring the action of the
Patna High Court CWJC No.7040 of 2026(2) dt.22-06-2026
2/3
Respondent No. 3 (District Land Acquisition
Officer) in demanding and/or deducting 10% of the
compensation amount from the Petitioners as
wholly illegal, arbitrary and without any authority
of law, inasmuch as there is no provision or
whisper under Sections 3A and 3G of the National
Highways Act, 1956 permitting such deduction or
demand;
b. For further issuance of a
writ/order/direction directing the Respondents to
refund/restore the said illegally deducted 10%
amount to the Petitioners forthwith, along with
applicable interest;
c. For issuance of appropriate direction
restraining the Respondents from making any such
arbitrary or unauthorized deduction from the
compensation amount payable to the Petitioners in
future, except strictly in accordance with law.”
3. After some arguments, learned Senior counsel
submits that he is ready to approach the concerned respondent
by filing a detailed representation so that the matter is decided at
an earliest.
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3/3
4. Learned State counsel as also learned counsel
representing ‘the NHAI’ have no objection.
5. Taking into account the submissions of the parties
as also the limited prayer that learned Senior counsel has made,
instead of asking the respondents to file reply in the matter, it
would be appropriate that the matter is disposed of allowing the
petitioner to approach the appropriate respondents authorities in
next four weeks and if such petition is filed, the same shall be
taken to its logical conclusion within a period of three months
thereafter.
6. The writ petition stands disposed of with aforesaid
observation.
(Rajiv Roy, J)
Adnan/-
U
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