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Patna High Court

Basudev MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The writ petition is disposed of, with the petitioners directed to file a proper representation with supporting documents under Section 64 of the 2013 Act for the Collector to consider the compensation claim.

Summary

The petitioners, five landowners, sought compensation for land acquired by the State in 1957-58 for the construction of Raxaul Airport, alleging they never received the award copy and thus could not claim compensation. They filed a writ petition claiming the State should direct payment of compensation. The State argued the claim was time‑barred but offered that the petitioners could file a proper application under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The Court held that the writ could not grant compensation directly and directed the petitioners to file a representation with all supporting documents within four weeks. Upon receipt, the District Magistrate‑Collector may refer the matter to the appropriate authority for consideration, which must act within a reasonable time.

Issues considered

  • What is the appropriate remedy for petitioners seeking compensation for land acquired in 1957‑58?
  • Is the petitioners' claim time‑barred under the applicable land acquisition law?
  • Does Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 provide a mechanism for the petitioners to pursue their claim?

Legislation cited

Subjects

  • land acquisition
  • compensation
  • writ jurisdiction
  • limitation period
  • Section 64
  • Right to Fair Compensation Act
  • Raxaul Airport
  • East Champaran

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.8705 of 2026
                 ======================================================
           1.     Basudev Mahto, Son of Dhaneshdhari Mahto, Resident of - Ward No. 9
                  Ekderwa, P.S. - Sihpur, District - East Champaran.
           2.    Prabhu Prasad, Son of Arjun Prasad, Resident of - Ekderwa, P.S.- Sihpur,
                 District - East Champaran.
           3.    Basdev Sah, Son of Chhathu Sah, Resident of - Ekderwa, P.S. - Sihpur,
                 District - East Champaran.
           4.    Mozahir Miyan, Son of Late Rasul Miyan, Resident of- Ekderwa, P.S.-
                 Sihpur, District - East Champaran.
           5.    Jhulan Gupta, Son of late Achelal Sah, Resident of - Darpa, P.S. - Darpa,
                 District- East Champaran.

                                                                              ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar Through the Additional Chief Secretary, Department of
                 Land Revenue, Government of Bihar, Patna.
           2.    The Additional Chief Secretary Department of Land Revenue, Government
                 of Bihar, Patna.
           3.    The District Magistrate-Cum-Collector, East Champaran at Motihari.
           4.    The Deputy Collector, Land Reforms.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Rajeev Ranjan, Advcoate
                                                 Mr. Sumit Kumar Srivastava, Advocate
                 For the Respondent/s   :        Dr. Md. Raisul Haque, S.C. - 10
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
                                       ORAL ORDER

2   29-06-2026              Heard the parties.

                            2. The learned counsel for the petitioners prays for a

                   direction to the respondents to make payment of compensation

                   amount to the petitioners for land belonging to their forefathers,

                   which has been acquired by the State way back in the year

                   1957-58 for construction and development of Raxaul Airport in

                   the District of East Champaran, Motihari. Learned counsel for
Patna High Court CWJC No.8705 of 2026(2) dt.29-06-2026
                                            2/3




          the petitioners, however, at this stage, submits that even the

          copy of the award of compensation has not been provided to

          them, rendering them incapable of claiming due compensation

          from the authorities concerned.

                  3. As submitted, they have filed representation before the

          authorities, but perusal of the same discloses that there is no

          receiving by the authorities concerned.

                  4. The learned counsel for the State points out that the

          claim of the petitioners are hopelessly time barred because for

          the land already acquired in the year 1957-58, they are claiming

          compensation almost after 70 years, without producing relevant

          documents in support thereof. However, he is not averse to the

          prayer of the petitioners to file a proper application before the

          Collector, East Champaran, so that their claim may be

          considered in accordance with Section 64 of the ‘Right to Fair

          Compensation         and     Transparency      in   Land   Acquisition,

          Rehabilitation and Resettlement Act, 2013 whereby the District

          Magistrate-cum-Collector may refer the matter before the

          appropriate authorities for consideration of the claim of

          compensation by the petitioners.

                      5. This writ application is disposed off with a liberty

          to learned counsel for the petitioners to file a proper
              Patna High Court CWJC No.8705 of 2026(2) dt.29-06-2026
                                                          3/3




                        representation enclosing therewith all relevant and supporting

                        documents substantiating their claim to have compensation from

                        the authorities concerned within four weeks from the date of this

                        order and thereafter, the District Magistrate-cum-Collector, East

                        Chamaparan, Motihari, if satisfied from the averments made in

                        the representation and documents appended thereto, may refer

                        the matter to the appropriate authority for proper consideration

                        of the claim of the compensation as put forward on behalf of the

                        petitioners.

                                    6. In terms of the mandate of the Act (supra), the

                        appropriate authorities i.e. District Magistrate-cum-Collector

                        has to act in a time bound manner, likewise the appropriate

                        authority may have also to act in a time bound manner.

                                    7. Accordingly, this writ application is disposed off.



                                                (Rana Vikram Singh, J)
Saurabh.kr/
Supratim-

U


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