Bijay Narayan Jha v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.784 of 2026 ====================================================== Bijay Narayan Jha Son of Late Bhairav Jha, Resident of Mohalla-Adars Vihar Colony, Rukanpura, P.S.-Rupaspur, District-Patna. ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Road, Transport and Highways, New Delhi.

2.

The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Director, Department of Revenue and Land Reforms, Government of Bihar, Patna.

4.

The District Collector, Vaishali.

5.

The District Land Acquisition Officer cum Competent Authority, Vaishali. 6.

The Project Director, Patna-Purnea Greenfield Expressway, National Highway Authority of India, Vaishali.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Chandra, Advocate For the Respondent/s :

Mr. Subhash Pd. Singh, GA-3 Mr. Indeshwari Pd. Singh, AC to GA-3 For the NHAI :

Mr. Gaurav Govinda, Advocate Ms. Preety Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-01-2026 Heard Mr. Krishna Chandra, learned counsel for the petitioner, Ms. Preety Ranjan representing the NHAI and Mr. Indeshwari Pd. Singh, AC to GA-3.

2. The present petition has been preferred for the following relief(s):

"i. For issuance of an appropriate Writ/Writs, direction/directions in the nature of Certiorari for quashing the notification dated

2/4 13.06.2005 issued by the authority under the National Highways Act, 1956 to the extent of petitioner's land notifying to be acquired for construction/widening of Greenfield Expressway, k.m. to 38.5 (Hajipur-Vaishali Stretch) whereby and whereunder without following due process of law, the authority has wrongly classified the nature of land proposed for acquisition as "Awas" and in consequent thereof, be pleased to remand the case for its record based determination under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter called as Act, 2013).

ii. For issuance of Mandamus directing the concerned respondents to issue corrected notification with regard to the nature of land of the petitioner as "Land adjacent to NH/SH", as per the categorization of land having been notified vide Notification No.-1076/2025 dated 21.08.2025 and accordingly, make an Award by treating the land of the Petitioner as per the said classification. iii. For any other relief/reliefs which the

3/4 Hon'ble court may grant in general interest checking these kinds of harassment to the petitioner by the Government Officials that may be deemed appropriate and necessary in this case for protecting the interest and rights of the petitioner by ensuring the benefits flowing from the Act."

3. The matter relates to acquisition of land for construction/widening of Greenfield Expressway [0 Km to 38.5 Km (Hajipur-Vaishali Stretch)] and the claim is that the respondents may by-pass their own notification no. 1076 dated 2025 issued on 21.08.2025 by which those land nearer National Highway/State Highway have been recorded as commercial/industrial.

4. Learned counsel for the petitioner submits that they have represented before the District Land Acquisition Officer, Vaishali, Hajipur through post amongst others.

5. Learned counsel representing 'the NHAI' submits that the writ petition is premature, the concerned respondent has not passed an order nor the award has been prepared and all the aggrieved persons can very well file their objections.

6. Though the claim of the petitioner is that he has filed an objection through post, an undertaking has been given

4/4 that within four weeks, he shall be filing a proper petition alongwith supporting document including the notification no. 1076/2025 which he claims to be in his favour.

7. Learned counsel for the State as also the NHAI have no objection.

8. In that background, the writ petition stands disposed of allowing the petitioner to file a proper petition alongwith all the supporting document in next four weeks and if the same is filed in next four weeks, the concerned respondent is directed to take the matter to its logical conclusion in accordance with law.

(Rajiv Roy, J) Adnan/- U