Patna High Court
Umesh Prasad SinhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The petition is dismissed; the petitioner must approach the arbitrator under Section 3G(5) of the National Highways Act, 1956 for compensation recomputation.
Summary
The petitioner, Umesh Prasad Sinha, filed a writ seeking a direction to the National Highways Authority of India (NHAI) to recalculate compensation for 0.38 decimal of land acquired in 2006, alleging that the land was residential but compensation was paid as agricultural. The compensation was received by his deceased wife under protest, and an appeal to the Divisional Commissioner, Purnia in 2015 remained pending. The Court allowed the petitioner to add NHAI as a respondent but held that the appropriate remedy lies under Section 3G(5) of the National Highways Act, 1956, which requires an application to the appointed arbitrator. The Court directed the petitioner to file a proper application with supporting documents to the Divisional Commissioner within three weeks. The arbitrator is to consider the claim and decide within six months. Consequently, the writ application was disposed of, and the petitioner was instructed to pursue the statutory remedy.
Issues considered
- Whether the High Court can entertain a writ petition for compensation when a specific remedial provision under Section 3G(5) of the National Highways Act, 1956 exists
- Whether the petitioner must approach the arbitrator (Divisional Commissioner, Purnia) before seeking judicial intervention
- Whether the addition of NHAI as a respondent is permissible in the writ proceedings
Legislation cited
- National Highways Act, 1956 — s. 3G(5)
Subjects
- land acquisition
- compensation
- National Highways Authority of India
- writ jurisdiction
- arbitrator
- Section 3G
- remedial remedy
- residential land
- agricultural land
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8110 of 2026
======================================================
Umesh Prasad Sinha, Son of Late Girivar Lal Sinha, Resident of Mohalla
Haripur (Maheshwwari), Ward no 13, Police Station Jogbani and District
Araria.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary Land and Reforms
Department, Bihar, Patna.
2. The Principal Secretary Land and Reforms Department, Bihar, Patna.
3. The Civil Commissioner (Lokayukt), Bihar, Patna.
4. The Divisional Commissioner, Purnia.
5. The District Magistrate, Araria.
6. The Land Acquisition Officer, Araria.
7. The National High Ways Authority of India through its Managing
Director
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rama Nand Poddar, Advocate
Mr. Rahul Kumar Mishra, Advocate
For the Respondent/s : Mr. Dhurjati Kumar, Government Pleader (14)
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL ORDER
2 02-07-2026 1. Heard the parties.
2. Learned counsel for the petitioner has approached
this Court for a direction to the respondent authority, here the
respondent authority is National Highways Authority of India,
which has not been made a party in this writ application.
However in course of hearing, on being pointed out by learned
counsel for the State, Mr. Dhurjati Kumar, learned counsel
appearing on behalf of the petitioner prays for making
Patna High Court CWJC No.8110 of 2026(2) dt.02-07-2026
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correction by adding the name of N.H.A.I. as party respondent
through its Managing Director and as such, his prayer is allowed
and he is granted permission to add N.H.A.I as party respondent
in course of the day.
3. Since this Court is of the view that no useful
purpose would be served to keep the matter pending in light of
the fact that petitioner has not availed the remedy available to
him in terms of Section 3G(5) of the National Highway Act,
whereby he is under obligation to make an application in
proper proforma claiming his right with supporting documents
before the arbitrator which in the present case is the
Commissioner, Purnia, where the land of the petitioner is
situated and said to have been acquired for the purposes of
widening the national highways.
4. The 0.38 decimal of land of the petitioner, situated
in Mauza- Dakshin Gaheshvari, Khata no.- 19, Khesra no.- 180,
181, 182 & 183, Thana Nos. 184, 185, 186 & 175 District
Araria, is said to have been acquired in the year 2006 by the
N.H.A.I. for widening of national highways crossing through
the district.
5. The petitioner, as submitted, has prayed for a
direction to the respondent to recalculate the compensation
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amount of the land acquired with the further direction to make
payment of the same. Besides it has also been prayed for
issuance of a direction to the respondents to dispose off
representation with reasoned and speaking order in accordance
with law. The land acquired was in the name of wife of the
petitioner who died on 29.08.2022. It has also been pointed out
that land at the time of acquisition was shown as residential and
fully developed agricultural land but compensation was not
awarded only in terms of the nature of land holding it to be
agricultural one. Instead of making payment of compensation
holding the land to be of residential nature. Since compensation
amount was inadequate and not in accordance with the nature of
land, the wife of the petitioner namely Kanti Devi, received the
compensation amount with protest. It has also been stated that
being aggrieved by the inadequate amount of compensation the
wife of petitioner preferred an appeal before the Divisional
Commissioner, Purnia on 07.09.2015 but no order was passed
till date.
6. Learned counsel appearing on behalf of the State
fairly submits that petitioner has an alternative and efficacious
remedy by approaching the appropriate authority which is
arbitrator, have duly been appointed by the Central Government
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for each of the Commissionerate where process of land
acquisition is going on, with a prayer to get the matter settled
and arbitrated.
7. It is patently evident that the petitioner has raised
dispute with respect to the quantum of compensation which has
been received by the deceased wife under protest now he claims
that the land is of very valuable in nature but compensation
being very much inadequate, is required to be modified by the
authority for acquisition of the land of petitioner’s wife.
8. There is specific statutory provision as contained
under Section 3G (5) of the National Highways Act, 1956
which lays down that if the amount determined by the
competent authority under Sub-Section 1 or Sub-Section 2 is not
acceptable to either of the parties, the amount shall, on an
application by either of the parties, be determined by the
arbitrator to be appointed by the Central Government.
9. The central government, as submitted, has already
appointed the Divisional Commissioners of the
Commissionerate to be the arbitrator in the matter where
Central Government or its agency have been acquiring land.
10. In these circumstances, petitioner has to approach
the arbitrator, i.e. the Divisional Commissioner, Purnia with
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proper application highlighting all the facts supported by
relevant documents with respect to the nature of land which he
is claiming to be of more value then that of which compensation
has been paid to his deceased wife.
11. If the petitioner files an application in proper
proforma along with all the relevant documents supporting his
claim with respect to the quantum of amount which he claims in
terms of the nature of land, within three weeks henceforth, the
arbitrator i.e. the Divisional Commissioner, Purnia will consider
the same and will decide the claim of the petitioner within a
period of six months therefrom.
12. Accordingly, this writ application is disposed off
in aforesaid terms.
13. Interlocutory application(s), if any, also stands
disposed off accordingly.
(Rana Vikram Singh, J)
Saurabh.kr/
Prakash-
U
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