Patna High Court
Shiv Shankar JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition was disposed of, with the court directing the authorities to consider appropriate enhancement and detailed calculation of compensation but granting no further relief.
Summary
Shiv Shankar Jha filed a writ petition seeking proper compensation for his 2‑decimal land acquired for National Highway 527E. He alleged that the respondents paid him only Rs. 8,00,000 based on an outdated rate, contrary to the requirement under Section 37(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to use current market or circle rates. The petitioner also demanded a detailed calculation of the compensation and disposal of his earlier representation. The court noted the lack of clarity on the land’s classification and directed that the matter be taken up by the appropriate authority for possible enhancement, but ultimately disposed of the writ petition with observations. The petition was not granted any further relief.
Issues considered
- Whether compensation under Section 37(2) of the 2013 Land Acquisition Act must be calculated on the basis of current market/circle rates.
- Whether the petitioner is entitled to a detailed compensation calculation and enhancement of the awarded amount.
- Whether the authorities are obligated to dispose of the petitioner’s prior representation/reminder in accordance with law.
Legislation cited
Subjects
- land acquisition
- compensation
- market value
- circle rate
- National Highway
- writ petition
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7848 of 2025
======================================================
Shiv Shankar Jha Son of Late Ram Nandan Jha, Resident of Village- Kalwara,
Ward No.- 10, P.O.- Mahamadpur, Police Station- Rosera, District-
Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reform, Government of Bihar, Patna.
2. The Collector, Samastipur.
3. The Land Acquisition Officer, Samastipur.
4. The Circle Officer, Rosera, Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prahalad Kumar Bhagat, Advocate
For the Respondent/s : Mr. Manish Kumar, GP 4
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 12-05-2026 Heard the parties.
2. There is no representation on behalf of the State.
3. The present writ petition has been preferred for
grant of following reliefs:
“(i) for directing the respondents
to make payment for acquiring land of
petitioner situated at Khata No. 637/1944
Khesra No 7983/11272 having an area about
02 Decimal in Village/Mauza- Jahangirpur,
under Tola- Kalwara, Thana No. 54, Ward
No. 10, Anchal- Rosera, District- Samastipur
for construction of NH 527 E (Ramnagar to
Rosera) respondents are acquired the land of
the petitioner.
Patna High Court CWJC No.7848 of 2025(2) dt.12-05-2026
2/3
The respondent without giving
details calculation as to what is
circle/market rate of that area and sent
Format-IV vide Notice No. 90, u/s 37(2) of
the Act, 30 of 2013.
As per settled law that
compensation is given 4th time as per present
market value (on the date of payment)/circle
rate, but petitioner learnt that compensation
is giving in old rate, without considering the
Govt. rule and direction of the Bihar Govt.
(ii) for a direction to the
respondents to provide detail calculation
chart of value /payment aforesaid.
(iii) for a direction to the
respondents to dispose the representation
/reminder of petitioner according to law
after hearing the petitioner, which was filed
earlier.
(iv) for any other relief/reliefs for
which the petitioner is entitled to get in the
facts and circumstances of the case.”
4. The matter relates to construction of National
Highway 527 E relating to Ramnagar to Rosera.
5. The petitioner’s land having Khata No. 637/1911,
Khesra No. 7983/11272 (02 decimal) in Jahangirpur, under
Rosera Circle in the district of Samastipur was also acquired for
the said construction. However, he is dissatisfied with the notice
Patna High Court CWJC No.7848 of 2025(2) dt.12-05-2026
3/3
issued by the Collector, Samastipur which records payment of
Rs. 82,52,067/- for five persons in which his shares comes
around 8,00,000/- He is aggrieved by the said payment.
6. There is nothing on record to show whether it has
been put under the category of agriculture/residential or
commercial. In that background, it would be appropriate that the
petitioner approaches the appropriate authority for enhancement
of said demand.
7. If the said petition is filed in next four weeks, the
authority shall be taking of the matter and disposed of at the
earliest.
8. The writ petition is disposed of with aforesaid
observation.
(Rajiv Roy, J)
Ranjeet/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.