Dina Nath Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5494 of 2025 ====================================================== Dina Nath Mahto Son of Late Dev Narain Mahato Resident of VillageSaidpur, Chaknur, P.S.-Dighwara, Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Department of Land Revenue, Govt. of Bihar Patna. 3.

District Magistrate-Cum-Collector, Saran at Chapra. 4.

District Land Acquisition Officer, Saran at Chapra. 5.

Addl. District Magistrate, Saran at Chapra.

6.

Circle Officer, Dighwara, Saran.

7.

Chief Engineer, NHAI, New Delhi.

8.

9.

Project Manager, NHAI, Saran, Chapra.

Commissioner, Saran Division, Chapra.

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

For the Petitioner/s :

Mr.Dhananjay Mishra, Adv.

For the Respondent/s :

Mr. M.P. Yadav, Government Pleader (23) Mr. Rajesh Kumar Sinha, AC to GP-23 For NHAI :

Dr. M. Vijay Chandra, Adv.

Mr. G. Govinda, Adv.

Ms. Preety Ranjan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-04-2025 Learned counsel for the petitioner prays for and is allowed to implead the Arbitrator cum Commissioner, Saran Division, Chapra as party respondent no.9 in course of the day.

2. Heard the parties.

3. The petition has been filed:- "1) For direction to the respondent authorities to make sufficient, adequate and satisfactory payment as compensation for acquired land -cum- building with compound interest to the petitioner as per the new rules

Patna High Court CWJC No.5494 of 2025(2) dt.15-04-2025 2/3 of land acquisition in the light of Rate Chart of Bihar Govt. especially in the District of Saran, Chapra for double storey building and for rest acquired land the compensation must be ascertained on Residential land at Main Road NH Side.

In view of the facts is that the land and house of petitioner has been acquired for construction of Sherpur Dighwara Ring Road under Mauza Saidpur, Dighwara bearing Plot No. 3429 and 3430 in which the notice for land -cum- building and for land was given but payment has been ascertained at lower rate which is quite illegal and wrong in the eye of law which must be ascertained as lower rate for building which must be ascertained as the rate of Rs. 1500/- per square feet accordingly and the compensation for land should be ascertained as residential at road side.

II) To take immediate step for providing the compensation as per the rate of New Chart with compound interest on delay payment for double storey building for including the rest 20% part of building.

III) To provide the compensation as per the RFCTLARR ACT, 2013.

IV) To impose heavy cost upon erring authority who has malafidely ascertained the compensation on lower rate V) To provide any other relief/reliefs

Patna High Court CWJC No.5494 of 2025(2) dt.15-04-2025 3/3 for which the petitioner is entitled for.

4. Learned counsel for the petitioner submits that though earlier he had represented before the Respondent No.3District Magistrate-Cum-Collector, Saran at Chapra, he shall be filing a fresh representation before the newly added Respondent No.9 in next two weeks.

5. In case, the same is filed, after hearing all the necessary parties, the Respondent No.9-Arbitrator cum Commissioner, Saran Division, Chapra shall take a decision within the statutory period.

6. The writ petition stands disposed of.

(Rajiv Roy, J) perwez U