Patna High Court
Deena Nath Prasad @ Deenanath Pd Rai,versusThe Union of India
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The High Court disposed the writ petition, directing the petitioners to approach the District Land Acquisition Officer for a compensation order under the 2013 Act.
Summary
The petitioners, a group of landowners from Saran district, filed a writ petition against the Union of India, Ministry of Road Transport and Highways, NHAI, and various state officials seeking compensation for land acquired for the Ramjankari Path Project (NH‑72). They invoked the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, demanding an appropriate order directing the respondents to pay compensation. The respondents did not contest the petitioners' claim but indicated that the grievance should be addressed before the District Land Acquisition Officer. The court, after hearing counsel, held that the petitioners may approach the District Land Acquisition Officer for redress and that the officer should pass an order in accordance with the law. Accordingly, the writ petition was disposed, directing the petitioners to seek compensation through the designated administrative channel.
Issues considered
- Whether the petitioners are entitled to compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for land acquired for NH‑72.
- Whether the High Court can directly order compensation or must remit the matter to the District Land Acquisition Officer.
Legislation cited
Subjects
- land acquisition
- compensation
- Right to Fair Compensation Act
- National Highways
- writ petition
- Patna High Court
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9146 of 2025
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1. Deena Nath Prasad @ Deenanath Pd Rai, S/o Gaya Prasad Rai, Resident of
Village- Bahrauli, P.S. Mashrak, District- Saran (Chapra), Pin-841417.
2. Dineshwar Prasad Ray S/o Gaya Rai @ Gaya Prasad Ray Resident of
Village- Bahrauli, P.S.- Mashrak, District- Saran (Chapra), Pin- 841417
3. Phuleshwar Prasad Ray S/o Gaya Prasad Rai, Resident of Village- Bahrauli,
P.S.- Mashrak, District- Saran (Chapra), Pin- 841417
4. Maqusud Alam @ Maksood Alam S/o Manshi Ali, Resident of Village-
Bahrauli, P.S.- Mashrak, District- Saran (Chapra), Pin- 841417
5. Manoj Kumar Singh S/o Kedar Singh @ Kedar Nath Singh, Resident of
Village- Deoriya, P.S.- Mashrak, District- Saran (Chapra), Pin 841417.
6. Madan Singh S/o Kapil Deo Singh, Resident of Village- Deoriya, P.S.-
Mashrak, District- Saran (Chapra), Pin-841417
7. Sunil Singh S/o Prabhunath Singh, Resident of Village- Deoriya, P.S-
Masharak, District- Saran (Chapra).
... ... Petitioner/s
Versus
1. The Union of India through The Secretary, Ministry of Road Transport and
National Highway, Government of India, new Delhi.
2. The Secretary, Ministry of Road Transport and National Highways,
Government of India, New Delhi
3. National Highways Authority of India through its General Manager G. 5 and
6, area 10, Dwarika, New Delhi 110075
4. The National Highways Authority of India through its General Manager,
Regional Office, D 63, 1st Floor, Rajesh Kumar Path, Boring Road, Patna
800001, Near Krishnapuri, Patna
5. The Project Director, N.H.A.I. PIU- Chhapra H/O Smt. Gayatri Devi, Plot
No. A-1, Prabhunath Nagar, P.O.- Taari, P.S. Mufassil, District- Saran
(Chapra) 841301
6. The State of Bihar through The Chief Secretary, Government of Bihar, Patna
7. The Principal Secretary, Road Construction Department, Government of
Bihar, Patna
8. The District Magistrate-cum-Collector, District- Saran (Chapra)
9. The District Land Acquisition Officer, Saran (Chapra).
10. The Additional Collector cum Additional District Magistrate, District- Saran
(Chapra)
11. The Sub-Divisional Officer, Madhaurah, Saran (Chhapra)
12. The Deputy Collector Land Reforms, Madhaurah, Saran (Chapra)
13. The Circle Officer, Mashrakh, District- Saran (Chapra).
... ... Respondent/s
Patna High Court CWJC No.9146 of 2025(2) dt.18-04-2026
2/3
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Appearance :
For the Petitioner/s : Mr.Rananjay Kumar, Advocate
Md. Asif Kalim, Advocate
For the Respondent/s : Mr.Anant Prasad Singh, SC-15
Mrs. Deepika, AC to SC-15
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 18-04-2026 Learned counsel for the petitioner undertakes to
remove the defect(s).
2. Heard the parties.
3. The present petition has been preferred for the
following relief/s:
(i) for issuance of an appropriate well order
of direction commanding the respondent
authorities to award compensation to the
petitioners as per the provisions of The
Right to Fair Compensation and
Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013
for the land acquired by the respondent
authorities for construction of Ramjankari
Path Projeet NH No. 72;
(ii) for any other relief or reliefs for which
petitioner is entitled in the opinion of this
Hon'ble High Court.
Patna High Court CWJC No.9146 of 2025(2) dt.18-04-2026
3/3
3. After some argument, learned counsel for the
petitioners submit that they shall be approaching before the
District Land Acquisition Officer, Saran (Chapra) for the
redressal of the grievance.
4. Learned State counsel has no objection to the said
stand of the petitioner.
5. In that background, the writ petition is disposed of
allowing the petitioner to approach the District Land Acquisition
Officer, Saran (Chapra) who shall be passing an order in
accordance with the law at an earliest.
(Rajiv Roy, J)
Ravi/-
U
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