Patna High Court
Girija PrasadversusThe Union of India
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court disposed of the writ petition, dismissing the petitioners' reliefs.
Summary
The petitioners, land owners in Dhanarua, Patna district, challenged notices issued for acquisition of their land for the NH‑119D project, alleging they were not given a hearing and that compensation was calculated on agricultural rates. They sought a writ of certiorari to quash the notices, mandamus directing the authorities to consider their objections, reclassify the land as residential/commercial, and award compensation with interest as per the National Highway Act, 1956 and the RFA, 2013. The petition also requested a restraining order against any construction until proper compensation was paid. The court examined whether the procedural requirements of the land‑acquisition statutes were complied with and whether the compensation demand was legally sustainable. Finding the petitioners' claims unsubstantiated, the court disposed of the writ petition, effectively dismissing all reliefs sought.
Issues considered
- Whether the land acquisition notices were issued without providing the petitioners a proper opportunity of hearing
- Whether compensation for the acquired land should be calculated on residential/commercial rates instead of agricultural rates
- Whether the authorities were obligated to consider the petitioners' objections and modify compensation under the National Highway Act, 1956 and the RFA, 2013
- Whether a restraining order against highway construction was warranted pending determination of compensation
Legislation cited
Subjects
- land acquisition
- compensation
- National Highway Act 1956
- RFA 2013
- writ of certiorari
- mandamus
- procedural fairness
- property rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9714 of 2022
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1. Girija Prasad S/o- Late Ramnandan Prasad, Resident of Village- Noniya
Bigha, P.O. Nasratpur, P.S. Dhanarua, District- Patna.
2. Ramnandan Prasad S/o- Late Rambaran Prasad, Resident of Village-
Sigarampur, P.O. Pabhera, P.S. Dhanarua, District- Patna.
3. Aditya Kumar Alias Mungi Lal Yadav, S/o- Late Rampyare Singh, Resident
of Village- Rer Bigha, P.O. Pabhera, P.S. Dhanarua, District- Patna.
4. Brij Bhushan Kumar Alias Brij Bhushan Prasad, S/o- Indredev Yadav
Resident of Village Lacchu Bigha, P.O. Pabhera, P.S. Dhanarua, District-
Patna.
5. Priyanka Devi W/o- Brij Bhushan Prasad, Resident of Village Lacchu Bigha,
P.O. Pabhera, P.S. Dhanarua, District- Patna.
... ... Petitioner/s
Versus
1. The Union of India through the Secretary Ministry of Road Transport and
National Highways, Government of India, New Delhi.
2. The Chairman, National Highway Authority of India, G-3, Sector-10,
Dwarika, New Delhi.
3. The Regional Director, National Highway Authority of India, Shivmitra
Apartment, 1st Floor Vivekanand Marg, Boring Road, Patna.
4. The Project Director, National Highway Authority of India, Project
implementation unit Gaya, House No. 70/2424, opp. Judicial Quarter,
Chanakya Puri Colony, Gaya-823001, Bihar.
5. The State of Bihar, through the principal secretary, Department of Land
Reform and Revenue, Bihar, Patna.
6. The District Magistrate, Patna.
7. The District Land Acquisition Officer Cum Competent authority, Patna,
Bihar.
8. The Additional Collector, Land and Revenue, Patna, Bihar.
9. The Circle Officer, Circle- Dhanarua, Sub-Division- Masaurhi, District-
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashi Bhushan Kumar Nirala, Advocate.
For the Respondent/s : Additional Solicitor General
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel appearing on behalf of the
Patna High Court CWJC No.9714 of 2022(2) dt.03-02-2026
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petitioners and learned counsel for the State.
2. The petitioners in paragraph no. 1 of the present
writ petition has sought, inter alia, following relief(s), which is
reproduced hereinafter:-
“(i) For issuance of a writ in the nature of
certiorari for quashing the notices dated 29.07.2021
respectively which bearing notice nos. 1987, 1997, 1998,
1999, 2000, 2002, 2031, 2037, 2040, 2042, 2043.
Respectively issued after delivering awards which vide nos.
27, 37, 38, 39, 40, 42, 71, 77, 80, 82, 83 respectively
without providing the petitioners proper opportunity to be
heard in L.A. Case No. 06/2021-22 with regard to their land
acquisition, situated in Mauza- Chhati, Circle- Dhanarua,
Thana No. 307, District- Patna pertaining to the project
namely NH-119D Bharatmala Amas to Ram Nagar section
by the competent authority cum District- land acquisition
officer, Patna (respondent No.7) as contained in annexure-4
to this writ application whereby and where under the
(District land acquisition officer) directed/ informed them
(Petitioners land owners) to appear before him on
13.08.2021 with their respective documents of their plots of
land which were going to be acquired and obtain the
enumerated compensation amount of money of their alleged
plots of land.
(ii) For issuance of a writ in the nature of
mandamus in order to command the respondents to
consider the objection comprising in an application dated
13.10.2020 assigned by the petitioners contained as
annexure-3 to this writ application as well as further
directed them to treat the plots of land of the petitioners to
this writ application as well as further directed them to
treat the plots of land of the petitioners as residential/
commercial in place of agriculture and further also directed
them (respondents) to render them (Petitioners) the
compensation by enumerating at the rate of
residential/commercial.
(iii) For issuance of writ in the nature of
mandamus commanding and directing the respondents
authority to pass and appropriate order after hearing the
parties on the objection petition dated 23.02.2022 and
24.02.2022 respectively contained as annexure-5 series
filed by the petitioners after issuing the notice dated
29.07.2021 before the District land acquisition officer,
Patna and further directed him to modify the compensation
amount which was inadequate and in the contravention of
the national Highway Act 1956 and ascertained once again
by reckoning the said compensation amount at the rate of
Patna High Court CWJC No.9714 of 2022(2) dt.03-02-2026
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residential/commercial land along with 12% interest in
view of the provision laid down in the National Highway
Act, 1956 as well as Right to fair compensation and
transparency in land acquisition, Rehabilitation and
resettlement Act, 2013.
(iv) For issuance of an appropriate writ
restraining the respondents from taking any step in the way
of constructing the said highway without paying the proper
compensation amount or till the disposal of this writ
application.
(v) For issuance of any other writ/writs,
direction/directions to the respondents authorities to grant
the relief / reliefs to the petitioners for which they are found
to be entitled.”
3. Learned counsel appearing on behalf of the
petitioners submits that the petitioners want to avail appropriate
remedy in accordance with law for the relief as prayed for in the
present writ petition.
4. The writ petition, accordingly, stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U
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