Patna High Court
Sunil PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
Holding
The High Court held that the petitioner must approach the Collector under Section 18 of the Land Acquisition Act, 1894, and the writ petition is disposed.
Summary
Sunil Paswan filed a writ petition seeking enhancement of compensation for land acquired in 2009-10, alleging that the amount paid was not commensurate with the nature of the land. The petitioner requested the court to modify the nomenclature of respondent No.4 and later sought to withdraw the writ, preferring to approach the Collector under Section 18 of the Land Acquisition Act, 1894. The court examined the provisions of Section 18, which allow an aggrieved person to apply to the Collector for reference of the matter to a competent court within prescribed time limits. Noting that the petitioner had not complied with the statutory procedure and had approached the wrong forum, the court directed him to file a written application with the Collector within two weeks, attaching supporting documents. The court emphasized the need for parity, observing that similar cases had been referred expeditiously, and ordered the Collector to refer the matter to the competent court. Consequently, the writ petition was disposed of without adjudicating the compensation claim.
Issues considered
- What is the appropriate forum for seeking enhancement of compensation under the Land Acquisition Act, 1894?
- Does the petitioner’s delay and failure to follow Section 18 preclude relief from the High Court?
- Is the Collector obligated to refer the petitioner's claim to the competent court to maintain parity with similar cases?
Legislation cited
- Land Acquisition Act, 1894 — s. 18
Subjects
- Land acquisition
- Compensation enhancement
- Section 18
- Writ jurisdiction
- Collector
- Reference to court
- Parity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9945 of 2026
======================================================
Sunil Paswan Son of Ramdev Paswan, Resident of Village- Mangabar, Police
Station- Nabinagar, District- Aurangabad.
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Government of Bihar, Patna.
2. The Director, Directorate of Land Acquisition Government of Bihar, Patna.
3. The District Magistrate cum Collector, Aurangabad.
4. The District Land Acquisition Officer, Government of Bihar, Patna.
5. The Chief Executive Officer, Bhartiya Rail Bijali Company Ltd. (A Joint
Venture of India Railway and N.T.P.C.) its office located at the campus of
BRBCHI Khaira, P.S.- N.T.P.C. Khaira Circle- Nabinagar, District- Aur-
angabad.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Anirudh Kumar Verma, Advocate
Mr. Vyas Kumar Mishra, Advocate
For the State : Mr.Government Pleader (05)
For the Resp. No. 5 : Mr. Amaresh Kumar Sinha, Advocate
Mr. Vaibhav Narayan, Advocate
Ms. Deeksha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
ORAL ORDER
2 08-07-2026 Heard learned counsel for the respective parties.
2. At the very outset, the learned counsel for the peti-
tioner prays for modification in the nomenclature of respondent
no. 4.
3. Permission is accorded.
4. The counsel for the petitioner is directed to correct
the same in course of the day.
5. At the very outset, without going into the merits of
the case, learned counsel for the petitioner prays for withdrawal
Patna High Court CWJC No.9945 of 2026(2) dt.08-07-2026
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of the writ application with liberty to approach the concerned
authority in terms of Section 18 of the Old Act, i.e., The Land
Acquisition Act, 1894 for enhancement of compensation which,
in his estimation, is not in consonance with the nature of land.
Since the land of the petitioner has duly been acquired in the
year 2009-10 and there is no dispute with respect to that and the
compensation thereon has already been paid, but now, only
question that remains to be decided by the authorities concerned
with respect to the enhancement/inadequacy of the compensa-
tion amount which, in estimation of the petitioner, is not in con-
sonance with proper nature of the land and he has been paid, un-
dervaluing the land, less compensation thereon.
6. In view of the aforesaid fact, the petitioner is re-
quired to approach the Collector of the district in terms of the
provisions as contained in Section 18 of the Act (supra) enclos-
ing therewith all the supporting documents substantiating and
buttressing his claim for enhancement of compensation, where-
after the Collector in terms of Section 18 has to refer the matter
to the competent Court. Section 18 lays down as follows:-
“18.Reference to Court – (1) Any per-
son interested who has not accepted
the award may, by written application
to the Collector, require that the mat-
ter be referred by the Collector for the
determination of the Court, whether
Patna High Court CWJC No.9945 of 2026(2) dt.08-07-2026
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his objection be to the measurement of
the land, the amount of the compensa-
tion, the persons to whom it is pay-
able, or the apportionment of the com-
pensation among the persons inter-
ested.
(2)The application shall
state the grounds on which objection
to the award is taken:
Provided that every such
application shall be made-
(a) if the person making it
was present or represented before the
Collector at the time when he made
his award, within six weeks from the
date of the Collectors award;
(b) in other cases, within six
weeks of the receipt of the notice from
the Collector under section 12, sub-
section (2), or within six months from
the date of the Collectors award,
whichever period shall first expire.”
7. Section 18 which has been detailed in part III under
the heading “Reference to Court and Procedure thereon”, spe-
cifically stipulate that any person who has not accepted the
award may by filing written application to the Collector, require
the matter to be referred by Collector for determination of the
code with respect to:-
“(i) objection regarding measurement
of the land.
(ii) the amount of compensation.
(iii) the persons to whom it is payable.
Patna High Court CWJC No.9945 of 2026(2) dt.08-07-2026
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(iv) the apportionment of the com-
pensation among the persons inter-
ested thereon.”
Sub-clause 2 of Section 18 prescribes the period of
limitation for agitating the provisions as contained in Clause 1
of Section 18. The petitioner, has approached this Court though
after much delay for enhancement of compensation for the
amount which has been paid to him for the land duly acquired in
the year 2011, however approaching the wrong forum by the
person, could not be a ground to deny the relief to the extent of
agitating his cause before the concerned authority in terms of
the statutory provisions therein and the authorities, which have
been saddled with the power to exercise their discretion for the
same, has to be reasonable and judicious considering the plight
of the persons whose land has been acquired and being not satis-
fied with the amount of compensation, he has been approaching
the various authorities for the same.
8. If the petitioner, within two weeks henceforth, ap-
proaches the authorities as mentioned in Section 18 of the Land
Acquisition Act, 1894, the authorities i.e. The Collector, Aur-
angabad, considering the peculiar circumstances of the case,
wherein the petitioner has approached this Court citing various
orders passed by different co-ordinate Benches for getting his
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matter referred to the authorities, herein in the old act, it is to be
termed as “Court”, to which reference has to be made by the
Collector, shall consider the same and refer the matter to the
competent Court following proper course for adjudication of the
claims of petitioner.
9. The petitioner has also been claiming his right on
the basis of parity, raising the issue that in the similar and
identical matters, the Collector, Aurangabad, has referred the
matter expeditiously before the competent Court in terms of
Section 18 of the Act of 1894, arising out of same notification,
by which the land of the petitioner has been acquired. If this as-
pect is raised, the Collector, Aurangabad is under obligation to
consider the same and in order to maintain parity in accordance
with law, should also consider the same with respect to peti-
tioner by referring the matter to the competent Court as expedi-
tiously as possible.
10. The writ petition stands disposed off.
(Rana Vikram Singh, J)
Smriti/
Supratim/-
U
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