Patna High Court
Kanhaiya Kant MishraversusThe National Highway Authority of India (NHAI),
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The High Court declined to interfere with the compensation award and directed the petitioners to approach the District Land Acquisition Officer, disposing of the writ petition without adjudicating the merits.
Summary
The petitioners, three landowners from Madhubani, filed a writ petition seeking compensation, interest, solatium and a re-determination of the award for lands acquired by the National Highway Authority of India, alleging that the award was arbitrary and insufficient. They also requested that the matter be referred to the Principal Civil Court under Section 3(H)(4) of the National Highways Act, 1956, and sought a restraining order against dispossession. The respondents, including NHAI, the Ministry of Road Transport and Highways, the District Land Acquisition Officer, and the State of Bihar, opposed the reliefs. After hearing, the Court granted the petitioners liberty to approach the District Land Acquisition Officer for redress and declined to comment on the merits of the compensation claim. Consequently, the writ petition was disposed of without any substantive order on the reliefs sought.
Issues considered
- Whether the High Court should entertain the writ petition for compensation or direct the petitioners to approach the District Land Acquisition Officer under Section 3(H)(4) of the National Highways Act, 1956.
Legislation cited
- National Highways Act, 1956 — s. 3(H)(4)
Subjects
- land acquisition
- compensation
- National Highways Act
- writ petition
- civil court jurisdiction
- solatium
- restraining order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8702 of 2025
======================================================
1. Kanhaiya Kant Mishra Son of Sita Ram Mishra Resident of Village-
Lakhnaur, P.S. Lakhnaur Distt.-Madhubani (Bihar).
2. Raj Kant Mishra Son of Sita Ram Mishra Resident of Village-Lakhnaur, P.S.
Lakhnaur Distt.-Madhubani (Bihar).
3. Abhay Kant Mishra Son of Sita Ram Mishra Resident of Village-Lakhnaur,
P.S. Lakhnaur Distt.-Madhubani (Bihar).
... ... Petitioner/s
Versus
1. The National Highway Authority of India (NHAI), through its Project
Director, NHAI Darbhanga
2. The Ministry of Road Transport and High Ways through its Project Director,
NHAI Darbhanga.
3. The District Land Acquisition Officer, (DLAO) Cum Competent Authority
Under NH Act, Madhubani.
4. The State of Bihar through the Collector of the District, Madhubani.
5. The Collector of the District-Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Nath Jha, Advocate
For the State : Mrs. Nutan Sahay, AC to AAG-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-05-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) directing the respondents-authorities to
pay the appropriate amount of compensation to
the petitioners with interests relating to the lands
acquired from them.
(ii) directing the Resp. no. 3 (DLAO)
Patna High Court CWJC No.8702 of 2025(2) dt.04-05-2026
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to refer the whole matter for determination of
amount before the principal Civil Court cum
Principal District Judge, Madhubani, as
enshrined U/S 3 (H) (4) of National Highways
Act, 1956 (herein after referred to as N.H. Act,
1956).
(iii) directing the respondents-NH
authorities to re-determine the amount of
compensation in favour of the petitioners after
considering the nature of land in question, which
is commercial and residential in nature.
(iv) holding and declaring that the
amount of Award, prepared with respect to the
acquired lands of the petitioners by the NH
authorities are lesser, meager, unreasonable and
arbitrary.
(v) directing the respondents- NH
authorities to pay the appropriate amount of
compensation with interest and solatium as the
acquired lands in question is under the
residential establishment of the petitioners.
(vi) restraining the respondents-
Patna High Court CWJC No.8702 of 2025(2) dt.04-05-2026
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authorities not to dispossess the petitioners from
the lands in question without making payment to
of compensation to them and/ or without
deciding the petition ( Annx-P/4) pending before
the Learned Resp. no.3 (DLAO).
(vii) granting any other relief /reliefs
for which the petitioners may be found entitled
to.”
3. After some argument, learned counsel for the
petitioner submits that they shall be approaching the respondent
no.3, the District Land Acquisition Officer, Madhubani.
4. Learned State counsel submits that if such petition
is preferred, it will be taken to its logical conclusion.
5. Granting said liberty and without commenting on
the merit of the case, the writ petition is disposed of.
(Rajiv Roy, J)
vinayak/-
U
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