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Patna High Court

Girija PrasadversusThe Union of India

Decided
Disposal
DISPOSED

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
                 ======================================================
           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
                                            2/3




          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
                                                      3/3




                                    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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