Patna High Court
Ramvalak PanditversusThe Union of India
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The writ petition was disposed, with the petitioner directed to pursue compensation through the statutory conversion process under the Bihar Agricultural Land (Conversion for Non‑Agriculture Purposes) Act, 2010.
Summary
Ramvalak Pandit filed a writ petition seeking compensation and interest for the acquisition of his ancestral agricultural land (Survey Plot No. 954, Khesra No. 712) for the widening of National Highway 85. The petitioners alleged that the Government of India had acquired the land without providing due compensation. The Court observed that the petitioner had not filed the statutory conversion application required under the Bihar Agricultural Land (Conversion for Non‑Agriculture Purposes) Act, 2010. Accordingly, the Court directed the petitioner to withdraw the writ petition and first file an application under Section 5 of the Act for conversion of the land, and thereafter approach the District Magistrate‑cum‑Collector for compensation as per the market value rate. The application was consequently disposed of.
Issues considered
- Whether the petitioner can obtain compensation for land acquisition through a writ petition without complying with the procedural requirements of the Bihar Agricultural Land (Conversion for Non‑Agriculture Purposes) Act, 2010.
Subjects
- land acquisition
- compensation
- writ petition
- agricultural land conversion
- National Highway 85
- Bihar Agricultural Land Act
- Section 5
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.884 of 2026
======================================================
Ramvalak Pandit Son of Ramvrikha Pandit Resident of village- Bakurpur,
Police Station- Sonepur in the District of Saran, Chapra.
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Road Transport and Highway,
Government of India, New Delhi.
2. The Project Director, National Highway Authority of India, Chapra, Saran.
3. The State of Bihar, through the District Magistrate, Saran, Chapra.
4. The Circle Officer, Sonepur, Saran, Chapra.
5. The District Land Acquisition Officer, Saran, Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Braj Nandan Kumar Tiwary, Advocate
For the U.O.I. : Mr. Sanjay Kumar, C.G.C.
For the State : Mr. Pramod Kumar Singh, AC to SC-16
For the N.H.A.I. : Mr. Sriram Krishna, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 27-01-2026 Heard Mr. Braj Nandan Kumar Tiwary, learned
counsel who is present on behalf of the petitioner; Mr. Sanjay
Kumar, learned C.G.C. for the Union of India; Mr. Sriram
Krishna, learned counsel for the National Highway Authority of
India; and Mr. Pramod Kumar Singh, learned AC to SC-16 for
the State.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought, inter alia, following relief(s), which is
reproduced hereinafter:-
"1. That this Writ petition is being filed
for issuance of an appropriate Writ/Writs,
direction/directions to the respondents to make
Patna High Court CWJC No.884 of 2026(2) dt.27-01-2026
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payment of compensation amount over the Survey
Plot No. 954, Khesra No. 712 situated at Village
Bharpura, Circle Sonepur in the district of Saran,
Chapra as aforesaid land is ancestral property of
the petitioner in which the Government of India
decided/acquired the land for the construction and
widening of National Highway No. 85 situated in
Bharpura Village which was/is lying on Bihar State
Highway No. 19 and also for payment of interest of
award amount."
3. Learned counsel appearing on behalf of the
petitioner seeks to withdraw the present application with a
liberty to first file an application under Section 5 of the Bihar
Agricultural Land (Conversion for Non-Agriculture Purposes)
Act, 2010 (hereinafter referred to as “Act, 2010”) in requisite
Form No.3 giving all the details before the competent authority
notified under the Act, 2010 for conversion of his land from
agricultural to non-agricultural purpose in view of the fact that
no such statement or information has been given by the
petitioner in the writ petition. Thereafter, he seeks to file detail
application before the District Magistrate-cum-Collector
concerned for grant of due compensation in accordance with
law as per the MVR of the area.
4. Considering the aforesaid submission, the
petitioner, if so advised, may approach the appropriate
authorities for redressal of his grievance expeditiously in
accordance with law.
Patna High Court CWJC No.884 of 2026(2) dt.27-01-2026
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5. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Niraj/-
U
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