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Patna High Court

Ram Krishna SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioners must approach the District Collector under Section 64 of the RFCTLARR Act, 2013, and therefore the writ petition is dismissed.

Summary

The petitioners, a group of landowners from Hasanpura village, filed a writ petition seeking higher compensation for land acquired for National Highway 30, alleging that the compensation awarded was substantially lower than that paid to adjoining landowners and that the valuation was improper. The State argued that the petitioners have a statutory remedy under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which requires them to approach the District Collector for a reference to the appropriate authority. The Court examined the provisions of Sections 64, 60 and 80 of the Act, noting that the Collector is obligated to refer the grievance within 30 days and that the authority must decide within six months, with the power to modify the award and award interest. The Court concluded that the petitioners must pursue the remedy under Section 64 and therefore dismissed the writ petition. The order directed the petitioners to file an application with the Collector within four weeks of the order, after which the statutory process will determine any modification of compensation.

Issues considered

  • Whether the petitioners can obtain relief through a writ petition when a specific remedial provision under Section 64 of the RFCTLARR Act, 2013 is available.
  • Whether the Court should direct the District Collector to refer the petitioners' grievance to the appropriate authority under the Act.
  • Whether the compensation award can be modified and interest awarded under Section 80 of the RFCTLARR Act.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • Right to Fair Compensation Act
  • Section 64
  • Section 60
  • Section 80
  • writ petition
  • National Highway 30
  • interest on delayed payment

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.7950 of 2026
     ======================================================
1.    Ram Krishna Singh, Son of Lal Bihari Singh @ Lal Bihari Rai, Resident of
      Village- Hasanpur, P.O. and P.S.- Beur, District- Patna (Bihar).
2.   Pramod Kumar Singh, Son of Late Prabhu Singh, Resident of Village-
     Hasanpur, P.O. and P.S.- Beur, District- Patna (Bihar).
3.   Nitish Kumar, Son of Late Binay Singh, Resident of Village- Hasanpur, P.O.
     and P.S.- Beur, District- Patna (Bihar).
4.   Kavita Devi, Wife of Late Binay Singh, Resident of Village- Hasanpur, P.O.
     and P.S.- Beur, District- Patna (Bihar).
5.   Uday Kumar, Son of Late Deep Narayan Rai, Resident of Village- Hasanpur,
     P.O. and P.S.- Beur, District- Patna (Bihar).
6.   Ashok Rai, Son of Late Deep Narayan Rai, Resident of Village- Hasanpur,
     P.O. and P.S.- Beur, District- Patna (Bihar).
7.   Dinesh Kumar Rai @ Divesh Rai, Son of Sri Lal Bihari Rai, Resident of
     Village- Hasanpur, P.O. and P.S.- Beur, District- Patna (Bihar).
8.   Subash Prasad Ray @ Subash Rai, Son of Lal Bihari Rai, Resident of
     Village- Hasanpur, P.O. and P.S.- Beur, District- Patna (Bihar).
9.   Anil Paswan, Son of Late Jegeshwar Paswan, Resident of Village- Hasanpur,
     P.O. and P.S.- Beur, District- Patna (Bihar).

                                                               ... ... Petitioner/s
                                        Versus
1.   The State of Bihar through District Magistrate, Patna.
2.   The District Magistrate-cum-Collector, Patna.
3.   The Circle Officer, Phulwarisharif, Patna.
4.   The District Land Acquisition Officer -cum- Consistent Authority, Patna,
     Bihar.
5.   The Additional Collector, Patna.
6.   The Union of India, through the Principal Secretary, Ministry of Road
     Transport and Highway, New Delhi, Govt. of India.
7.   The National Highway Authority of India, through its Chairman -cum-
     Secretary, G-5, and G-6, Sector-10, Dwarika, Delhi.
8.   The Project Director, National Highway Authority of India, D-63, 1st Floor,
     Sri Krishnapuri, Boring Road, Patna-800001, Bihar.
9.   Anil Rai, Son of Late Sitaram Singh, Resident of Village- Hasanpur, P.O.
     and P.S.- Beur, District- Patna (Bihar).
10. Sunil Kumar, Son of Late Sitaram Singh, Resident of Village- Hasanpur,
    P.O. and P.S.- Beur, District- Patna (Bihar).
11. Kapil Kumar, Son of late Sitaram Singh, Resident of Village- Hasanpur, P.O.
    and P.S.- Beur, District- Patna (Bihar).
12. Vakil Kumar, Son of Late Sitaram Singh, Resident of Village- Hasanpur,
         Patna High Court CWJC No.7950 of 2026(2) dt.30-06-2026
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                 P.O. and P.S.- Beur, District- Patna (Bihar).
           13. Arun Rai, Son of Late Sitaram Singh, Resident of Village- Hasanpur, P.O.
               and P.S.- Beur, District- Patna (Bihar).

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Amit Kumar, Advocate
                 For the State           :        Ms. Binita Singh, SC 28
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
                                       ORAL ORDER

2   30-06-2026                    Heard learned counsel for the respective parties.

                                 2. The writ petitioners have approached this Court for

                   a direction to the respondents to pay appropriate compensation

                   to them for acquisition of their lands in village Hasanpura, Patna

                   for construction of N.H. 30. The minute details of the

                   acquisition of petitioners’ land as evident from the writ petition

                   is detailed hereinbelow :-

                                 “ i Date of Proposal- 19.04.2011.
                                   ii. Name of Mauza & Case No. Hasanpura
                                   LA Case No. 27/2012-13.
                                   iii. Area acquired in Total- 17.111184 Acre.
                                   iv. Notification No. & date u/s 3A- 2282(A)
                                   dt. 28.09.2011.
                                   v. Publication in Newspaper- 28.09.2011.
                                   vi. Notification u/s 3-D- 1287(A) 03.06.2012.
                                   vii. Its Paper Publication- 05.06.2012.
                                   viii. Date of sending Estimate u/s 3G- 03.05.2013.
                                   ix. Date of Approval & Estimate u/s 3G-
                                   20.10.2013.
                                   x. Date of Award U/s 3E on 23.05.2013.
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                         xi. Date of Possession of land (Date of
                         Dakhal Kabja)- 24.05.2013. ”


                      3. Learned counsel appearing for the petitioners

          submits that the compensation given to them was drastically

          lower than that of the rate of land which has been acquired and

          the Land acquisition Officer has not properly valued and

          assessed the compensation in terms of the extant rules. He

          points out that the land adjoining to the land of the petitioners so

          acquired has been given compensation at the higher rate than

          that of the petitioners and in spite of petitioners raising this issue

          of inadequate compensation before the authority, they are not

          taking any steps to redress the grievances of the petitioners of

          inadequacy of compensation. In the writ application, various

          documents, viz., sale deeds of adjoining land and rate details of

          compensation paid to the other persons of adjoining land have

          been vividly described.

                      4. Learned counsel representing the State submits that

          petitioners should have approached the Collector of the district

          under Section 64 of Right to Fair Compensation and

          Transparency        in    Land      Acquisition,   Rehabilitation   and

          Resettlement Act, 2013 (in short RFCTLARR Act, 2013)

          whereby the Collector of the district is competent to make a
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          reference of such grievances of the petitioners to the appropriate

          authority for redressing the grievances of such persons who are

          filing this application highlighting various issues with respect to

          the inadequacy of compensation, measurement & demarcation

          of the land etc.

                      5. Perusal of the documents brought on record and

          averments made in the writ application do not leave an iota of

          doubt that the petitioners have proper remedy under Section 64

          of the RFCTLARR Act, 2013 wherein their grievances could be

          redressed efficaciously and properly. Section 64 of the Right to

          Fair Compensation and Transparency in Land Acquisition,

          Rehabilitation and Resettlement Act, 2013 which stipulates

          that:-

                                             “64. Reference to Authority.-(1) Any
                                  person interested who has not accepted the
                                  award may, by written application to the
                                  Collector, require that the matter be referred by
                                  the Collector for the determination of the
                                  Authority, as the case may be, whether his
                                  objection be to the measurement of the land, the
                                  amount of the compensation, the person to
                                  whom it is payable, the rights of Rehabilitation
                                  and Resettlement under Chapters V and VI or
                                  the apportionment of the compensation among
                                  the persons interested:
                                             Provided that the Collector shall,
                                  within a period of thirty days from the date of
                                  receipt of application, make a reference to the
                                  appropriate Authority:
                                             Provided further that where the
                                  Collector fails to make such reference within the
                                  period so specified, the applicant may apply to
                                  the Authority, as the case may be, requesting it
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                                  to direct the Collector to make the reference to it
                                  within a period of thirty days."

                                               “(2) The application shall state the
                                  grounds on which objection to the award's
                                  taken:
                                               Provided that every such application
                                  shall be made-
                                               (a) if the person making it was
                                  present or represented before the Collector at
                                  the time when he made his award, within six
                                  weeks from the date of the Collector's award:
                                               (b) in other cases, within six weeks of
                                  the receipt of the notice from the Collector
                                  under Section 21, or within six months from the
                                  date of the Collector's award whichever period
                                  shall first expire:
                                               Provided further that the Collector
                                  may entertain an application after the expiry of
                                  the said period, within a further period of one
                                  year, if he is satisfied that there was sufficient
                                  cause for not filing it within the period specified
                                  in the first proviso.”

                  6. Proviso to the Section 64 makes it amply clear that the

          District Magistrate-cum-Collector is duty bound to make a

          reference to the appropriate Authority within a period of 30 days

          from the date of receipt of such an application.

                  7. Section 60 of the aforesaid Act is also linked with

          Section 64 which mandates :-

                                         "60. Powers of Authority and procedure
                                   before it.-(1) The Authority shall, for the
                                   purposes of its functions under this Act, shall
                                   have the same powers as are vested in a civil
                                   court under the Code of Civil Procedure, 1908
                                   (5 of 1908) in respect of the following matters,
                                   namely:-
                                             (a) summoning and enforcing the
                                  attendance of any person and examining him on
                                  oath.
                                             (b) discovery and production of any
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                                  document or other material object producible as
                                  evidence;
                                              (c) receiving evidence on affidavits;
                                              (d) requisitioning of any public
                                  record;
                                              (e) issuing commission for the
                                  examination of witnesses;
                                              (f) reviewing its decisions, directions
                                  and orders;
                                              (g) any other matter which may be
                                  prescribed.
                                  (2) The Authority shall have original
                                  jurisdiction to adjudicate upon every reference
                                  made to it under Section 64.
                                  (3) The Authority shall not be bound by the
                                  procedure laid down in the Code of Civil
                                  Procedure, 1908 (5 of 1908) but shall be guided
                                  by the principles of natural justice and subject
                                  to the other provisions of this Act and of any
                                  rules made thereunder, the Authority shall have
                                  the power to regulate its own procedure.
                                  (4) The Authority shall, after receiving reference
                                  under Section 64 and after giving notice of such
                                  reference to all the parties concerned and after
                                  affording opportunity of hearing to all parties,
                                  dispose of such reference within a period of six
                                  months from the date of receipt of such
                                  reference and make an award accordingly.
                                  (5) The Authority shall arrange to deliver copies
                                  of the award to the parties concerned within a
                                  period of fifteen days from the date of such
                                  award."


                  8. In these circumstances, petitioners should approach the

          District Magistrate-cum-Collector of the district Patna by filing

          an appropriate application under Section 64 of the Act (supra)

          highlighting the grievances supported with necessary and

          relevant documents in order to get their grievances redressed. If

          such an application is filed within four weeks from the date of

          production of the copy of this order along a proper
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                     representation duly enclosing therewith the necessary and

                     relevant documents, the Collector, Patna is duty bound to make

                     a reference to the appropriate authority which shall consider and

                     dispose off the matter within the stipulated time frame as

                     mandated in Section 60(4) of the RFCTLARR Act, 2013.

                              9. It is also incumbent upon the appropriate authority to

                     consider that if the claim of the petitioners is found

                     substantiated in law, then the amount of award shall be modified

                     along with the rate of interest which is to be paid on such

                     compensation for delayed payment in terms of the Section 80 of

                     the RFCTLARR Act, 2013

                              10. Thus, this writ application is disposed off in aforesaid

                     terms.

                              11. Interlocutory application(s), if any, also stands

                     disposed off accordingly.



                                             (Rana Vikram Singh, J)
Saurabh.kr/-

U


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