Patna High Court
Ram Krishna SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
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
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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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