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Patna High Court

Triful DeviversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The petition must be pursued before a competent civil court, as the writ jurisdiction is not available for the grievance under the National Highways Act.

Summary

The petitioner, Triful Devi, filed a writ petition seeking to quash a divisional commissioner’s order that dismissed her claim under Section 3G(5) of the National Highways Act, 1956 on limitation grounds, and to have the arbitration petition maintained for consideration of enhanced compensation for agricultural land acquired for NH‑107. The respondents, including the Union of India, NHAI, and various state officials, contended that the petitioner should approach a competent civil court for relief. The Court examined whether the writ jurisdiction was appropriate for a dispute arising under the National Highways Act and whether the limitation defence could be reviewed via a writ. It held that the petition raised a civil grievance that must be pursued in a civil court, not through a writ petition. Consequently, the writ petition was disposed of, granting the petitioner liberty to seek remedy before the appropriate civil forum.

Issues considered

  • What is the appropriate forum for adjudicating a claim under Section 3G(5) of the National Highways Act, 1956 concerning compensation for land acquisition?
  • Can a writ petition be entertained to quash a limitation-based dismissal of an arbitration petition under the National Highways Act?

Legislation cited

Subjects

  • Land Acquisition
  • Compensation
  • Limitation
  • Arbitration
  • Writ Petition
  • Civil Court Jurisdiction
  • National Highways Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.7492 of 2026
                 ======================================================
                 Triful Devi W/O - Siyaram Pandit, Resident of Bhirkhi, Ward No. 26, P.O and
                 P.S -Madhepura, District - Madhepura, Bihar - 852113.

                                                                         ... ... Petitioner/s
                                                 Versus
           1.    The Union of India through the Secretary, Ministry of Road Transport and
                 Highways, Government of India, Transport Bhawan 1, Sansad Marg, New
                 Delhi.
           2.    The Chairman, National Highways Authority of India, Dwarka, New Delhi.
           3.    The Project Director, National Highways Authority of India (Project
                 Implementation Unit), NH 107, Office at Janta Chowk, PWD Colony,
                 District - Purnea, Bihar.
           4.    The Principal Secretary, Revenue and Land Reforms Department,
                 Government of Bihar, Old Secretariat, Bailey Road, Patna.
           5.    The Divisional Commissioner, Koshi Division, Saharsa.
           6.    The District Collector, Madhepura, District Madhepura.
           7.    The Land Acquisition Officer -cum- Competent Authority, Land Acquisition
                 (CALA), NH -107, Madhepura, District - Madhepura.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Anurag Saurav, Advocate
                 For the Respondent/s   :     Mr. K.K. Singh, AC to SC-10
                 For the NHAI           :     Ms. Iti Suman, Advocate
                                              Mr. Ram Tujabh Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   23-06-2026                 Heard Mr. Ankesh Bibhu, learned counsel for the

                   petitioner, Dr. Iti Suman, learned counsel representing the NHAI

                   and Mr. Krishnakant Singh for the State.

                               2. The present petition has been preferred for the

                   following relief(s):

                                            “a) For quashing the order dated

                                  13.02.2026 passed by the Respondent No. 5 i.e;
Patna High Court CWJC No.7492 of 2026(2) dt.23-06-2026
                                            2/3




                          The Divisional Commissioner, Koshi Division,

                          Saharsa in Arbitration Case No. 167 of 2025,

                          whereby and where under the claim of the

                          Petitioner under Section 3G (5) of the National

                          Highways Act, 1956 has been rejected on the

                          ground of limitation.

                                      b) For holding and declaring that the

                          Arbitration Petition filed by the Petitioner under

                          Section 3 G (5) of the National Highways Act, 1956

                          is maintainable and fit to be decided on the merits.

                                      c)     For     directing   the   Respondent

                          authorities, especially Respondent No. 5 to

                          consider the claim of this Petitioner for the

                          enhancement of compensation amount over the

                          lands bearing in Khata No. 15 (New), Khesra No.

                          369 and 370 having areas of 0.11120 acre and

                          0.26440 acre respectively under Mauza Amanat

                          Uttarbadi, Thana No. 68, which have been

                          acquired by virtue of the declaration made in the

                          Gazette Publication dated 09.06.2016 for the

                          purpose of construction/widening of National

                          Highway        107      (Maheshkhunt    -    Sonbarsaraj
          Patna High Court CWJC No.7492 of 2026(2) dt.23-06-2026
                                                      3/3




                                    Madhepura          -     Purnea   Section),      Saharsa

                                    considering the nature of the lands as Agricultural.

                                                d) For grant of any other relief/reliefs as

                                    the Petitioner is entitled in the eye of law.”

                                3. At the outset, learned counsel representing the

                    respondents jointly submit that the petitioner has to move before

                    the competent Civil Court for the redressal of the grievance.

                                4. In that background, the writ petition stands

                    disposed of granting liberty to the petitioner to seek remedy as

                    mandated under law by moving before a competent Civil Court.



                                                  (Rajiv Roy, J)
Adnan/-

U


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