Patna High Court
Bijay Narayan JhaversusThe Union of India
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is premature and must be refiled with complete supporting documentation; no relief is granted at this stage.
Summary
The petitioner, Bijay Narayan Jha, challenged a 2005 land acquisition notification for the Hajipur‑Vaishali stretch of the Patna‑Purnea Greenfield Expressway, alleging that his land was incorrectly classified as "Awas" instead of "Land adjacent to NH/SH" as per Notification No. 1076/2025. He sought a writ of certiorari to quash the earlier notification, mandamus to issue a corrected notification, and an award under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The NHAI argued that the petition was premature because no award or final order had been made and objections could still be filed. The court noted that the petitioner had only lodged an informal objection and had not filed a detailed petition with supporting documents. Consequently, the court disposed of the writ petition, directing the petitioner to file a proper petition with all relevant documents within four weeks, after which the respondents must proceed in accordance with law.
Issues considered
- Whether the 2005 land acquisition notification classifying the petitioner’s land as "Awas" can be quashed on the ground of procedural impropriety.
- Whether the petitioner is entitled to a mandamus directing the issuance of a corrected notification classifying the land as "Land adjacent to NH/SH".
- Whether the writ petition is maintainable at this stage given that no award or final order has been made.
Legislation cited
Subjects
- land acquisition
- classification of land
- greenfield expressway
- certiorari
- mandamus
- Right to Fair Compensation Act
- National Highways Act
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.784 of 2026
======================================================
Bijay Narayan Jha Son of Late Bhairav Jha, Resident of Mohalla-Adars Vihar
Colony, Rukanpura, P.S.-Rupaspur, District-Patna.
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Ministry of Road, Transport and
Highways, New Delhi.
2. The Principal Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Patna.
3. The Director, Department of Revenue and Land Reforms, Government of
Bihar, Patna.
4. The District Collector, Vaishali.
5. The District Land Acquisition Officer cum Competent Authority, Vaishali.
6. The Project Director, Patna-Purnea Greenfield Expressway, National
Highway Authority of India, Vaishali.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Chandra, Advocate
For the Respondent/s : Mr. Subhash Pd. Singh, GA-3
Mr. Indeshwari Pd. Singh, AC to GA-3
For the NHAI : Mr. Gaurav Govinda, Advocate
Ms. Preety Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 22-01-2026 Heard Mr. Krishna Chandra, learned counsel for the
petitioner, Ms. Preety Ranjan representing the NHAI and Mr.
Indeshwari Pd. Singh, AC to GA-3.
2. The present petition has been preferred for the
following relief(s):
“i. For issuance of an appropriate
Writ/Writs, direction/directions in the nature of
Certiorari for quashing the notification dated
Patna High Court CWJC No.784 of 2026(2) dt.22-01-2026
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13.06.2005 issued by the authority under the
National Highways Act, 1956 to the extent of
petitioner's land notifying to be acquired for
construction/widening of Greenfield Expressway,
k.m. to 38.5 (Hajipur-Vaishali Stretch) whereby
and whereunder without following due process of
law, the authority has wrongly classified the nature
of land proposed for acquisition as "Awas" and in
consequent thereof, be pleased to remand the case
for its record based determination under Right to
Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act,
2013 (hereinafter called as Act, 2013).
ii. For issuance of Mandamus directing
the concerned respondents to issue corrected
notification with regard to the nature of land of the
petitioner as "Land adjacent to NH/SH", as per the
categorization of land having been notified vide
Notification No.-1076/2025 dated 21.08.2025 and
accordingly, make an Award by treating the land of
the Petitioner as per the said classification.
iii. For any other relief/reliefs which the
Patna High Court CWJC No.784 of 2026(2) dt.22-01-2026
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Hon'ble court may grant in general interest
checking these kinds of harassment to the
petitioner by the Government Officials that may be
deemed appropriate and necessary in this case for
protecting the interest and rights of the petitioner
by ensuring the benefits flowing from the Act.”
3. The matter relates to acquisition of land for
construction/widening of Greenfield Expressway [0 Km to 38.5
Km (Hajipur-Vaishali Stretch)] and the claim is that the
respondents may by-pass their own notification no. 1076 dated
2025 issued on 21.08.2025 by which those land nearer National
Highway/State Highway have been recorded as
commercial/industrial.
4. Learned counsel for the petitioner submits that they
have represented before the District Land Acquisition Officer,
Vaishali, Hajipur through post amongst others.
5. Learned counsel representing ‘the NHAI’ submits
that the writ petition is premature, the concerned respondent has
not passed an order nor the award has been prepared and all the
aggrieved persons can very well file their objections.
6. Though the claim of the petitioner is that he has
filed an objection through post, an undertaking has been given
Patna High Court CWJC No.784 of 2026(2) dt.22-01-2026
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that within four weeks, he shall be filing a proper petition
alongwith supporting document including the notification no.
1076/2025 which he claims to be in his favour.
7. Learned counsel for the State as also the NHAI
have no objection.
8. In that background, the writ petition stands
disposed of allowing the petitioner to file a proper petition
alongwith all the supporting document in next four weeks and if
the same is filed in next four weeks, the concerned respondent is
directed to take the matter to its logical conclusion in
accordance with law.
(Rajiv Roy, J)
Adnan/-
U
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