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Patna High Court

Dilip Kumar MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the Collector is statutorily obligated to refer objections to the LAARA within thirty days and his failure does not absolve him, but the petitioners may directly approach the LAARA within four weeks.

Summary

The petitioners, four landowners from Madhubani district, filed two applications under Section 64 of the Land Acquisition, Rehabilitation and Resettlement Act, 2013, seeking that the Collector refer their objections on compensation and rehabilitation to the appropriate authority (LAARA). The Collector failed to make the required reference within the statutory thirty‑day period. The petitioners approached the Patna High Court seeking a writ directing the Collector and the District Land Acquisition Officer to refer the matters to LAARA and to order payment of compensation at commercial rates. The State argued that the petitioners should themselves move before LAARA after the Collector’s omission. The Court observed that Section 64 imposes a mandatory duty on the Collector to refer within thirty days and that his failure does not relieve him of responsibility, but the petitioners may directly approach LAARA within four weeks. Consequently, the writ petition was disposed of without granting the reliefs sought.

Issues considered

  • Whether the Collector’s failure to refer objections under Section 64 of the LAARA is a jurisdictional defect that can be remedied by a court order.
  • Whether the petitioners are required to approach the LAARA themselves after the Collector’s omission.
  • Whether the court can direct payment of compensation at commercial rates in the present proceedings.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • Section 64
  • collector
  • reference to authority
  • writ petition
  • LAARA
  • rehabilitation and resettlement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.808 of 2026
                 ======================================================
           1.     Dilip Kumar Mahto S/o Gauri Shankar Mahto, Resident of Pandaul Bazar,
                  P.O. and P.S. Pandaul, District- Madhubani.
           2.    Amrendra Kumar, S/o Jawahar Lal Mahto, Resident of Pandaul Bazar, P.O.
                 and P.S. Pandaul, District- Madhubani.
           3.    Vikram Kumar Singh, Son Jai Prakash Bhuvan, Resident of Village-
                 Sagarpur, P.S. Sakari, District- Madhubani.
           4.    Kunal Kumar Singh, Son Jai Prakash Bhuvan, Resident of Village-
                 Sagarpur, P.S. Sakari, District- Madhubani.

                                                                     ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary/Additional Chief
                 Secretary, Department of Land Reforms and Revenue.
           2.    The Principal Secretary/ Additional Chief Secretary, Department of Land
                 Reforms and Revenue, Government of Bihar, Secretariat, Patna.
           3.    The Collector, Madhubani District, Madhubani.
           4.    The District Land Acquisition Officer, Madhubani.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Koshalendra Rai, Adv.
                                                 Mr. Nagendra Rai, Adv.
                 For the Respondent/s   :        Mr. Kumar Pankaj, AC to SC 5
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   22-01-2026                      Heard Mr. Nagendra Rai, learned counsel for the

                   petitioner and Mr. Kumar Pankaj representing the State.

                                 2. The present application has been preferred for the

                   following relief(s):

                                                     I. Commanding the respondents
                                            and particularly respondent numbers 3 & 4
                                            to refer the objection / petition of the
                                            petitioners dated 8/11/2021 u/s 64 of the
                                            Land Acquisition Act, 2013 (Annexure P-7)
Patna High Court CWJC No.808 of 2026(2) dt.22-01-2026
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                                 to the concerned LARA and command the
                                 concerned LARA to decide the same within
                                 fixed time frame as prescribed by this
                                 Hon'ble Court;
                                              II. Commanding the respondents
                                 and particularly respondent numbers 3 and 4
                                 to pay the compensation at commercial rate
                                 of plot no. 5344 , area 2 kattha 10 dhurs of
                                 land in village Dahibhat Madhopur, Thana
                                 no.      127,     Anchal    Pandaul,       District-
                                 Madhubani as may be determined by the
                                 authority        after   completing    all    legal
                                 formalities       /requirements   within     period
                                 stipulated by this Court and
                                              III. Grant any other relief deemed
                                 fit and proper
                      3.    The claim of the petitioner is that following

          Section 64 of the Land Acquisition, Rehabilitation and

          Resettlement Act, 2013, he preferred two petitions before the

          Collector, Madhubani, firstly, in the year 2021 and later, in the

          year 2025 but the same has not been referred before the Land

          Acquisition, Rehabilitation and Resettlement Act (henceforth

          for short ‘the LAARA’). Section 64 of the 2013 Act read as

          follows:

                                               64. Reference to Authority.-(1)
                                  Any person interested who has not accepted
                                  the award may, by written application to the
Patna High Court CWJC No.808 of 2026(2) dt.22-01-2026
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                                  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,
                                  reqesting it 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 is
                                  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
Patna High Court CWJC No.808 of 2026(2) dt.22-01-2026
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                                  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.
                      4. Learned State Counsel submits that if the Collector

          fails, the petitioner ought to have moved before ‘the LAARA’

          himself.

                      5. If the contention of the petitioner that twice he

          represented the Collector, Madhubani but he failed to refer it to

          ‘the LAARA’ is correct, it is an unfortunate situation. Section 64

          clearly authorizes the Collector to send the petitions preferred

          before it before the office to LAARA in thirty days.

                      6. Though the Act further records that failure to do so,

          the litigant should move before ‘the LAARA’ himself/herself,

          that cannot absolve the Collector of keeping the files in the

          office.

                      7. Lots of water has flown down the ganges, it would
           Patna High Court CWJC No.808 of 2026(2) dt.22-01-2026
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                     be appropriate that the petitioner straightaway move before ‘the

                     LAARA’ in next four weeks.

                                 8. If such petition is preferred, the concerned authority

                     shall look into the matter that twice the petitioner preferred

                     petition but the Collector, Madhubani failed to refer it to it while

                     dealing with any limitation in the present case.

                                 9. The writ petition is disposed of with aforesaid

                     observation.



                                                   (Rajiv Roy, J)
Vijay Singh/-

U


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