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Patna High Court

Hareshwar Prasad SinghversusThe Chief General Manager-cum-Regional Manager

Decided
Disposal
DISPOSED

Holding

The Court declined to issue a mandamus and disposed of the petition, allowing the petitioner to seek relief from the Arbitrator‑cum‑Divisional Commissioner.

Summary

The petitioner, Hareshwar Prasad Singh, filed a writ petition seeking a mandamus directing the National Highways Authority of India and related government officials to re‑determine the compensation award under Section 28A of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and to enhance the amount as per the revised government rate. The petitioner also requested to implead the Arbitrator‑cum‑Divisional Commissioner as a respondent to obtain redress. The State of Bihar did not oppose the petitioner's request to approach the arbitrator. The Court, after hearing counsel, granted liberty to implead the arbitrator‑cum‑Divisional Commissioner and, noting the petitioner's intention to seek relief through that forum, disposed of the writ petition without issuing a mandamus. The order effectively leaves the matter to be pursued before the designated arbitrator.

Issues considered

  • Whether the High Court can issue a writ of mandamus directing re‑determination of compensation under Section 28A of the 2013 Land Acquisition Act.
  • Whether the petitioner must approach the Arbitrator‑cum‑Divisional Commissioner for grievance redressal before the Court can intervene.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • mandamus
  • Section 28A
  • Right to Fair Compensation Act
  • writ petition
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.7143 of 2026
                 ======================================================
                 Hareshwar Prasad Singh Son of Late Jaglal Singh @ Jaglal Rai, Resident of
                 Village- Chaknoor, P.S.- Dighwara, District- Saran.
                                                                           ... ... Petitioner/s
                                                     Versus
           1.     The Chief General Manager-cum-Regional Manager National High
                  Authority of India, Patna.
           2.    The Project Director, National Highway Authority, Sherpur, Dighwara Ring
                 Road, Chapra, Saran, Bihar.
           3.    The State of Bihar, through the Principal Secretary, Road Construction
                 Department, Govt. of Bihar, Patna.
           4.    The Principal Secretary, Department of Revenue and Land Reforms, Govt.
                 of Bihar, Patna 6.
           5.    The Director, Land Acquisition, Department of Revenue and Land Reforms,
                 Bihar, Patna.
           6.    The District Magistrate, Saran.
           7.    The Competent Officer-cum-District Land Acquisition Officer, Saran.
           8.     Arbitrator-cum-Divisional Commissioner, Saran at Chapra
                                                                        ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Dhananjay Mishra, Advocate
                                                Mr. Nilesh Kumar Nirala, Advocate
                                                Mr. Arun Kumar, Advocate
                 For the State           :      Mr. Standing Counsel (13), J.K. Roy
                 For the NHAI            :      Dr. Maurya Vijay, Advocate
                                                Mr. Gaurav Govinda, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   06-07-2026                   Learned counsel for the petitioner prays for and is

                   allowed to implead the Arbitrator-cum-Divisional Commissioner,

                   Saran at Chapra as respondent no. 8 in course of the day.

                                 2. Heard the parties.

                                 3. The present petition has been preferred for the

                   following relief(s):

                                              “ (i) For issuance of order/s, directions/s,
          Patna High Court CWJC No.7143 of 2026(3) dt.06-07-2026
                                                      2/2




                                    command/s or including writ in the nature of

                                    mandamus to direct the concerned respondent

                                    authorities to re-determination on award which is

                                    provided under Section 28A of Right to Fair

                                    Compensation            and    Transparency   in   Land

                                    Acquisition, Rehabilitation and Resettlement Act,

                                    2013 and enhance the compensation amount as per

                                    revised rate as ascertained by the Government.

                                                (ii) For any other relief/s for which the

                                    petitioner may found entitled in the facts and

                                    circumstances of the present case.”

                                 4. After some argument, learned counsel for the

                    petitioner submits that he shall be approaching the Arbitrator-cum-

                    Divisional Commissioner, Saran at Chapra for the redressal of the

                    grievance.

                                 5. Learned State counsel has no objection to it.

                                 6. In that background, granting liberty, the writ petition

                    stands disposed of.



                                                  (Rajiv Roy, J)
Adnan/-

U


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