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Patna High Court

Rekha DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that constructing a road over the petitioners' raiyati land without acquisition and compensation is unlawful and directed the Collector to acquire the land and pay compensation within three months.

Summary

Rekha Devi and Janardan Paswan filed a writ petition alleging that the State of Bihar and various officials allowed the construction of a link road over their raiyati land without following the legal process of land acquisition or paying compensation. The petitioners submitted evidence that the land had not been acquired, no No‑Objection Certificate was issued, and construction by M/s Shivnar Construction Pvt. Ltd. was ongoing. The respondents argued that a direction for compensation after due process would suffice. The Court found that the authorities acted arbitrarily, without any statutory sanction, and that the petitioners' rights were violated. Consequently, the Court directed the Collector of Patna to acquire the land, pay compensation within three months, and ordered the petitioners to file a fresh representation of title within two weeks.

Issues considered

  • Whether the construction of a road over private raiyati land without acquisition and compensation violates the law.
  • Whether the respondents had jurisdiction to permit such construction without following due process of land acquisition.
  • What appropriate remedial directions should be issued under the writ jurisdiction to protect the petitioners' rights.

Subjects

  • land acquisition
  • compensation
  • raiyati land
  • road construction
  • writ jurisdiction
  • administrative law
  • illegal construction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.9341 of 2026
                 ======================================================
           1.     Rekha Devi, Wife of Late Madhusudan Paswan, Resident of Village-
                  Ishanagar Sahri, Post Office- Karkain, Police Station- Ghoshwari, District-
                  Patna.
           2.    Janardan Paswan, Son of Late Chandrika Paswan Resident of Village-
                 Ishanagar Sahri, Post Office- Karkain, Police Station- Ghoshwari, District-
                 Patna.

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Collector, Patna, District- Patna.
           3.    The Circle Officer, Ghoshwari, District- Patna.
           4.    The Chief Engineer Rural Patna/Gramin Work Department, Work Division,
                 Bihar, Patna.
           5.    The Executive Engineer Gramin/Rural Work Department, Work Division,
                 Barh, Patna.
           6.    The Superintending Engineer Rural/Gramin Work Department, Work Circle,
                 Bihar (Patna).
           7.    The Secretary Rural Work Department, Government of Bihar, Patna.
           8.    The Joint Secretary Rural Work Department, Bihar, Patna.
           9.    The Land Acquisition Officer, Patna, District- Patna.
           10. The Public Information Officer cum Executive Engineer, Rural Work
               Department Work Division (Parmandal) Barh, District- Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Chandra Sen Prasad Singh, Advocate
                 For the Respondent/s   :       Mr. Ajay Bihari Sinha, GA 8
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
                                       ORAL ORDER

2   03-07-2026            Heard learned counsel for the petitioners and Mr. Ajay

                   Bihari Sinha, learned GA 8 appearing on behalf of the State.

                          2. By preferring the present writ application, the

                   petitioners have prayed for direction to the various respondents,

                   who have allowed construction of road on the raiyati land of the
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          petitioners without following due procedure of acquisition of

          the said land for payment of due amount of compensation in

          terms of the extant rules.

                  3. The raiyati land of the petitioners situated in Mauza-

          Balwa, Halka Trimuhan, Khata nos. 154, 160, 161, 168, Khesra

          no. 105, 108, 93, 120, 99, 80, Area 18 Acre 51 decimal in Circle

          Office Ghoswari, has been used for construction of Link Road

          connecting the village to the State Highway No. 33.

                  4. It has been submitted that without acquiring the raiyati

          land of the petitioners, the road has been constructed and no

          compensation amount has been paid to the petitioners. The land

          is said to have been acquired in the year 2021-22 and since then

          petitioners have running from pillar to post by filing different

          representations to the respondents but no action has been taken

          thereon.

                  5. The petitioners have filed an application seeking

          information from the Office of the Executive Engineer, Rural

          Works Department, Work Division, Barh as to whether the land

          has been acquired before the construction of road and further

          whether any no objection certificate has been issued for

          construction of the road over his piece of land. Vide Annexure

          P-2 as appended to the writ application, information was
Patna High Court CWJC No.9341 of 2026(2) dt.03-07-2026
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          supplied to them vide Memo No. 864 dated 21.05.2025 by the

          Executive Engineer, Rural Works Department, Work Division

          Barh, categorically furnishing information that the land has not

          been acquired nor no objection Certificate has been issued prior

          to construction of the road over the land of petitioners from the

          Office of the Executive Engineer, Rural Works Department,

          Work Division, Barh.

                  6. As submitted, the road has been constructed from

          Balwa to Sadaha Road by the firm namely M/s Shivnar

          Construction Pvt. Ltd. under MR-3054 Scheme and further

          construction over the said piece of land is still going on, which

          is evident from Annexure P 3 appended to the writ application.

                  7. Petitioners highlighting their grievances, had filed their

          representation on 27.06.2022 before the Collector, Patna praying

          therein for award of compensation for their land over which

          road has been constructed and still constructions are going on

          without following due process of acquisition of the same but till

          date the Collector, Patna has not take any steps nor has passed

          any order directing the authorities for payment of amount of

          compensation to the petitioners.

                  8. At this stage, learned counsel appearing on behalf of

          the State fairly submits that from the documents especially
Patna High Court CWJC No.9341 of 2026(2) dt.03-07-2026
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          annexure p-2 & p-3 it appears, road is being constructed over

          the land of the petitioners, so in view thereof, he further

          submits, it would be suffice if necessary directions are issued to

          the concerned authorities for making payment of the

          compensation after following the due process of acquisition of

          the said land.

                  9. Heard learned counsel for the parties and their

          respective submissions, it is evident from the documents placed

          on record that road has been constructed and still constructions

          are going on over the raiyati land of the petitioners without

          even having acquired the same following the due process of law.

          Interest of the petitioners has been jeopardized on account of

          construction of the road and that too without even issuing any

          notice to them and without having acquired the said land, the

          respondent authorities especially Rural Works Department

          Works Division, Barh, has allowed such construction to be made

          by the private contractor, M/s Shivnar Constructions Pvt. Ltd.

          and petitioners’ grievance has not been taken care of, in spite of,

          repeated request and reminders for the same.

                  10. It is not in dispute that the road has been constructed

          and still construction is going on, as evident from Annexure P-3,

          over the land of the petitioners. It is also not in dispute that the
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          land of the petitioners has not been duly acquired by following

          the due process of law. It is                  clearly evident that no

          compensation         has    been        paid   thereon.   It   is   simply

          incomprehensible that how the authority especially the Office of

          the Executive Engineer, Rural Works Department, Work

          Division, Barh has allowed such construction to be made over

          the private/raiyati land of the petitioners without having

          acquired the same and without even issuing notice to them prior

          to granting such permission to the contractor. It is also not clear

          that which provision of law/statute/ circular of the government

          order has authorized the Executive Engineer, Rural Works

          Department, Work Division, Barh to grant permission for

          construction of road over the raiyati land of the petitioners. Thus

          the action of the respondents are not only contrary to the settled

          principles of law but also reflects the misuse of authority vested

          in them. Their action have no sanction in the eyes of law

          rendering it arbitrary and wholly without jurisdiction.

                  11. In this backdrop, this Court is left with no option but

          to issue a direction to the District Magistrate-cum-Collector,

          Patna to personally look into the matter and take all remedial

          measures to ameliorate the grievances of the petitioners without

          any further delay and having examined the document in this
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                        connection and having heard all the concerned parties, pass

                        necessary orders for making payment of the compensation to the

                        petitioners after acquiring the land of the petitioners within a

                        period of three months from the date of receipt of this order.

                                 12. The petitioners are directed to file a fresh

                        representation enclosing therewith all the relevant documents

                        showing their right, title and possession over the said piece of

                        land before the District Magistrate-cum-Collector, Patna within

                        two weeks henceforth and having received the same, the

                        Collector, Patna is duty bound to act in accordance with law in

                        terms of the directions issued in preceeding paragraph of this

                        order.

                                 13. Accordingly, this writ application is disposed off in

                        aforesaid terms.

                                 14. Interlocutory application(s), if any, also stands

                        disposed off accordingly.



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

U


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