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Patna High Court

Brajesh Chandra MishraversusThe Regional Officer,

Decided
Disposal
DISPOSED

Holding

The court held that although the statutory 60‑day period had elapsed, the petitioner may be granted a further limited extension to vacate the land by 31 July 2026, failing which possession may be taken by the respondents.

Summary

The petitioner, Brajesh Chandra Mishra, owned a small parcel of land on which he operated a Mahindra automobile workshop and had received compensation after the land was acquired for the Green Field Expressway project. Despite receiving the award, he failed to vacate the land within the 48‑hour notice issued by the District Land Acquisition Officer, prompting a writ petition seeking quashing of the notice and a mandamus directing the respondents to observe the statutory 60‑day period under the National Highways Act. The respondents argued that the project was delayed and the petitioner should have vacated promptly, but the petitioner contended that the required time to dismantle his workshop justified an extension. The court noted the statutory requirement had lapsed but, considering the petitioner’s undertaking and the practical difficulty of removing the workshop, granted an extension until 31 July 2026 to vacate. It warned that failure to comply would permit the respondents to take possession from 1 August 2026 and recover costs for illegal occupation. The writ petition was thereafter disposed of.

Issues considered

  • Whether the petitioner is entitled to relief against the 48‑hour vacate notice issued by the acquisition officer.
  • Whether the statutory 60‑day period under Section 3‑E‑(1) of the National Highways Act, 1956, was applicable and complied with.
  • Whether a writ of mandamus can be issued directing the respondents to grant additional time for vacating the land.
  • Whether the court may extend the time for vacating the acquired land despite the lapse of the statutory period.

Legislation cited

Subjects

  • land acquisition
  • National Highways Act
  • mandamus
  • civil writ jurisdiction
  • compensation
  • extension of time
  • possession

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.7702 of 2026
                 ======================================================
                 Brajesh Chandra Mishra Son of Shri Ramesh Chandra Mishra, Resident of
                 Ravi Kunj, Navratan Hata, Purnia, Bihar, P.S-Khajanchi Hat, Purnia, Bihar,
                 Pincode- 854301.

                                                                      ... ... Petitioner/s
                                                Versus
           1.    The Regional Officer, Regional Office, National Highways Authority of
                 India, Patna.
           2.    The Project Manager, NHAI, Kishanganj- Purnea.
           3.    The State of Bihar Through Commissioner, Purnea.
           4.    The State of Bihar Through District Magistrate, Kishanganj.
           5.    The Competent Officer-cum-District Land Acquisition Officer, Kishanganj.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Saurabh Bishwambhar, Advocate
                 For the Respondent/s   :     Mr. Government Pleader (07)
                 For the NHAI           :     Mr. Rajesh Kumar Shandilya, Advocate
                                              Mr. Sanjiv Kumar, Advocate
                                              Mr. Ankita Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   07-07-2026                 Heard Mr. Saurabh Bishwamber, learned counsel for

                   the petitioner, Mr. Vivek Prasad for the State and Miss Ankita

                   Kumari for National Highway Authority of India (henceforth for

                   short ‘the NHAI’).

                               2. The present petition has been preferred for the

                   following relief/s:

                                            “A. Writ in the nature of Ceritorari or
                                  any other appropriate writ/s, order/s direction/s
                                  quashing the following:-
                                            (I)   Notice     dated     09/05/2026    vide
                                  Reference No-1674 issued by District Land
Patna High Court CWJC No.7702 of 2026(3) dt.07-07-2026
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                          Acquisition Officer, Kishanganj stating interalia
                          for vacating the land bearing Khesara No-3386
                          admeasuring 0.1370 decimil to be vacated in 48
                          hours
                                      B. A writ in the nature of MANDAMUS
                          or any other appropriate writ/s, order/s direction/s
                          commanding the Respondents for the following:-
                                      (I) To direct the respondent No-3 and 4
                          to act in light of section 3-E-(1) Of National
                          Highway Act, 1956
                                      (II) To accept and adopt a technic of
                          humanitarian ground in vacating the aforesaid
                          land as per the statutory limitation.
                                      (III) To direct the respondents in not
                          creating hindrance within a period of 60 days for
                          evacuating the land by the petitioner.
                                      C. To any other relief/s to which the
                          petitioner is found entitled to”.

                      3. The matter relates to the construction of Green

          Field      Expressway          between         Kishanganj-Bahadurganj

          Section, Package-3 which led to Land Acquisition Case No.

          22-26-2022.

                      4. The land details of the petitioner is at para 4 of the

          petition and read as under:

                                      “Khata number 63;

                                      Khesra 3386 (0.1370 decimal);
Patna High Court CWJC No.7702 of 2026(3) dt.07-07-2026
                                            3/5




                                      Thana no. 56 Mauza-Singhari;

                                      District- Kishanganj.”

                      5. The petitioner is running a Mahindra Automobile

          Shop and pursuant to the notices, it has been accepted that the

          compensation        amount       has     been   received.   So   far   as

          categorization of land is concerned, the Arbitrator-cum-

          Divisional Commissioner of Purnea division has already

          decided it in his favour on 08.04.2026/10.04.2026 and to his

          knowledge, the respondents have not challenged it.

                      6. Once the acquisition process came to an end, the

          natural recourse for the petitioner was to leave the place so that

          the project moves without any obstruction. However, as he

          failed to clear the land, vide memo number 1674 dated

          09.05.2026, the petitioner and all those who have not vacated

          the land were directed to leave the required places within a

          period of 48 hours, else appropriate steps shall be taken.

                      7. Aggrieved, the present petition.

                      8. Learned counsel for the petitioner submits that the

          mandatory provision of 60 days has not been followed and it

          being a workshop, removal of the entire machinery and structure

          will take some time. However, he concedes that the notice is

          dated 09.05.2026 and when this matter is being argued on
Patna High Court CWJC No.7702 of 2026(3) dt.07-07-2026
                                            4/5




          07.07.2026, the respondents have not resorted to coercive

          measure. He further acknowledges that 60 days period that the

          petitioner wanted also stand completed.

                      9. The submission is that some more time be granted

          and considering the importance of the project for which the

          acquisition has been made, the petitioner is ready to vacate the

          same.

                      10. Mr. Vivek Prasad, learned State Counsel submits

          that the project is of the year 2023, it is already getting late,

          payments have been made. The petitioner knowing very well

          that they have to leave once they received the compensation

          amount should have taken appropriate steps. Instead, the writ

          petition. He further submits that even the contention that 60

          days time has not been granted now has come to an end.

          However, he submits that if the petitioner is ready to vacate at

          an earliest, some more time can be extended.

                      11. Learned counsel for ‘the NHAI’ echoes the same

          sentiment as expressed by the learned State Counsel.

                      12. This Court has recorded the entire facts of the case

          and can only observe that only due to these delay tactics by the

          landholders after the received award amount, the projects in the

          State of Bihar fails to start or get completed in time.
          Patna High Court CWJC No.7702 of 2026(3) dt.07-07-2026
                                                      5/5




                                13. However, considering the natural difficulty that

                    the petitioner has presented with the help of the photographs

                    that the workshop needs some time for its complete removal, on

                    his own undertaking that it will be vacated by 31st of July

                    2026, this Court allows the petitioner to take steps and see to it

                    that the entire machinery of the workshop is/are removed at an

                    earliest and latest by 31st of July 2026.

                                15. It is made clear that if the petitioner fails to abide

                    by the undertaking given to the Court, the respondents shall be

                    free to take immediate steps for taking possession of the land in

                    question effective 1st of August, 2026. The respondents shall

                    also be free to realise the cost on account of illegal occupation

                    of this acquired land.

                                16. With the aforesaid observation, the writ petition is

                    disposed of.




                                                  (Rajiv Roy, J)
Sanny/-

U


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