Patna High Court
Surendra SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court did not quash the award but directed the petitioner to approach the appropriate authority with requisite documents to obtain proper compensation.
Summary
Surendra Singh challenged the acquisition of his 0.045 hectare land in Kishunpura, Saran, by the National Highways Authority of India (NHAI) for the Ram Janki Path project. He alleged that the acquisition order and the arbitration award violated Section 11 of the Land Acquisition Act, 1894 and Section 24(1)(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and that the compensation did not reflect the market value of his self‑purchased land. The petitioner sought quashing of the award, a determination of compensation based on market value at the time of the notification under the National Highway Act, 1956, and other reliefs. The Court, after hearing counsel, held that the award would not be set aside but directed the petitioner to approach the appropriate revenue authority with the necessary documents to obtain the correct compensation. Accordingly, the writ petition was disposed, with the petitioner instructed to seek payment by the end of the year.
Issues considered
- The award and acquisition order complied with Section 11 of the Land Acquisition Act, 1894?
- The award complied with Section 24(1)(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013?
- Whether compensation should be based on the market value of the land as per Section 3G(7) of the National Highway Act, 1956?
- Whether the arbitration award can be quashed and a fresh award directed?
Legislation cited
Subjects
- land acquisition
- compensation
- arbitration award
- NHAI
- Right to Fair Compensation Act
- Section 11
- Section 24
- market value
- writ petition
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8693 of 2025
======================================================
Surendra Singh S/o Late Ambika Singh, Resident of Village-Charihara, P.S.-
Mashrakh, District-Saran, Bihar, PIN-841417.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Secretary, Revenue and Land
Reforms Department (Land Acquisition Directorate), Government of Bihar,
Patna.
2. The Chairman, National Highways Authority of India.
3. The Regional Officer, National Highways Authority of India, D/63, First
Floor, Sri Krishnapuri, Patna Bihar-800001.
4. The Arbitrator cum Divisional Commissioner, Saran at Chapra.
5. The District Magistrate cum Collector, Saran, Chapra.
6. The Project Director, National Highways Authority of India, Project
Implementation Unit, H/O Smt. Gayatri Devi, At-Prabhunath Nagar, Post-
Tari, Police Station-Chapra Muffasil, District-Saran Bihar-841301.
7. The Competent Authority cum The District Land Acquisition Officer,
Chapra.
8. The Circle Officer Mashrakh, Saran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Shekhar Tiwary, Advocate
For the State : Mr. Standing Counsel (13)
For the NHAI : Mr. Sriram Krishna, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-05-2026 Heard Mr. Shashi Shekhar Tiwary, learned counsel
for the petitioner and Mr. Sriram Krishna, learned counsel
representing the National Highway Authority of India as also
learned State counsel.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) the order dated 04.12.2024 passed in
Patna High Court CWJC No.8693 of 2025(2) dt.04-05-2026
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Arbitration Case No. 343/2023 passed in
connection with Award no.03 appertaining to
Khata no. 39, Plot/Survey no.133 Area-
0.0451629 Hectare situated at village-
Kishunpura, Thana no.77 Police Station &
Circle Office Mushrakh, Sub Registry Office-
Mushrakh, District- Saran at Chapra, stand
acquired by National Highways Authority of
India (NHAI) for Ram Janki Path Pariyojana
NH-227A, may kindly be quashed as the same
failed to take care for mandatory requirement
enshrined U/S 11 of the Land Acquisition Act
1894.
(ii) the Award in question may kindly
be treated as nonest for the reason that the
Collector failed to apply the provision of law
U/S 24(1)(a) of the Right to Fair Compensation
and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (Act
No. 30 of 2013, herein after referred as the Act
of 2013) while preparing the award in question.
(iii) the Award no.03 a pertaining to
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Khata no. 39, Plot/Survey no.133 Area-
0.0451629 Hectare situated at village-
Kishunpura, Thana no.77 Police Station &
Circle Office Mushrakh, Sub Registry Office-
Mushrakh, District-Saran at Chapra has
acquired by National Highways Authority of
India (NHAI) for Ram Janki Path Pariyojana
NH-227A, for which Award No.03 prepared, may
kindly be quashed as the same fail to take care
for the marketed of the land in question which is
self-acquired (purchased) land of the petitioner
through Sale Deed dated 15.01.2019 in
Rs.4,00,000/- (Four Lakhs) Rupees only.
(iv) the competent authority or the
arbitrator may kindly directed to determine the
compensation amount, with regard to land in
question while consideration the market value of
the land, available on the date of publication of
the notification U/S 3G (7) of the National
Highway Act 1956.
(v) alternatively the answering
respondent may kindly be allowed the
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actual/payable compensation with regard to the
land in question in favor of the petitioner while
taking care of all the reasonable question which
are having sanction of law as well as may be
guiding the situation like factor for present one.
(vi) any other relief or reliefs also may
kindly be allowed for which the petitioner be
found entitle in the opinion of this Hon'ble
Court.”
3. After some argument, learned counsel for the
petitioner submits that for changing the category, he shall be
taking appropriate legal remedy. However, the amount which
the respondents have already decided by passing an award, he
may be allowed to receive the same under protest.
4. Learned counsel for ‘the NHAI’ submits that if the
petitioner prefers proper petition/documents/credentials before
appropriate authority, the District Land Acquisition Officer,
Saran at Chapra, the same shall be considered.
5. In that background, the writ petition is disposed of
allowing the petitioner to approach the appropriate
authority/court so far as the change of category is concerned
regarding payment of the award is concerned, as recorded
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above, he has to present all the credentials/documents for the
satisfaction of the Revenue Authorities so that the the
appropriate payment is made, at an earliest preferably by the
end of this year.
(Rajiv Roy, J)
vinayak/-
U
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