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Patna High Court

Umesh Prasad SinhaversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CWJC No.8110 of 2026(2) dt.02-07-2026
                                            3/5




          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
Patna High Court CWJC No.8110 of 2026(2) dt.02-07-2026
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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
              Patna High Court CWJC No.8110 of 2026(2) dt.02-07-2026
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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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