Ashok Kumar Singh v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5602 of 2024 ====================================================== Ashok Kumar Singh S/o Sri Keshav Pratap Singh Resident of Urmila House Behind S.B.I. ATM Maurya Path, Khajpura, P.S. Rajiv Nagar, District-Patna. ... ... Petitioner/s

Versus

1.

Union Of India through Ministry Of Road , Transport And Highway Transport Bhawan, New Delhi.

2.

National Highway Authority of India through its Chairman, having its Registered Office at -G5 and 6, Dwarka, New Delhi. 3.

Project Director, National Highway Authority of India, B-Block-Ground Floor, Vivekanand Marg, Boring Road, Patna.

4.

The State of Bihar through, Principal Secretary, Revenue Land Reforms Department, Government of Bihar, Old Secretariat, Patna. 5.

District Magistrate, Patna, Gandhi Maidan, Collectorate, Patna. 6.

District Land Acquisition Officer, Patna, Near Near Radio Station Road, Frazer Road, Patna.

7.

Circle Officer, Bihta, District-Patna.

8.

CEIGAL India Limited YFC JV having its registered Office at-A-898, Tagore Nagar, Ludhiyana, Punjab.

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

For the Petitioner/s :

Mr. Anurag Saurav, Advocate For the Respondent/s :

Mr. Additional Solicitor General For the NHAI :

Mr. Sanat Kumar Mishra, Advocate For the State :

Mr. Kamlesh Kishore, AC to SC-12 For the Resp. No.8 :

Mr. Somesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-07-2026 Heard the parties.

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

"(i) for issuance of Writ in the nature of mandamus directing the respondent authorities to de-notify/release the land Admeasuring an

2/5 area of 9 decimal at Khata No.638, Khesra No.1513, Thana No. 68, Tauzi No. 2461, MauzaPainathi, Thana Bihta, District- Patna and land admeasuring an area of 3 kattha at Khata No.638, Khesra No. 1514, Thana No. 68, Tauzi No. 2461, Mauza- Painathi, Thana -Bihta, District- Patna, which have been acquired for National Highway No.30 from 181.300 K.M to 134.600 (Patna-Buxar section) within the District- Patna, published under Section 3(D) of National Highway Act on 26th April 2013 but till date neither respondent authority had not made payment of compensation with respect of abovementioned land and now it has come to the knowledge of the petitioner that for the same project another Gazette Notification was published on 03.08.2021 under section 3(D) of the National Highway Act in which lands abovementioned situated in Painathi Mauza has not been included.

(ii) for issuance of writ in the nature of Mandamus directing the respondent authorities

3/5 to pay compensation @ present Market Value for keeping the land (Khata No.638, Khesra No. 1513 & 1514) under Painathi Mauza and further made payment of interest from the date of first notification published on 11.11.2011 to the petitioner, at present respondent authority had purchase land from railway @ present market value.

(iii) for any other relief (s) that petitioner is found entitled to."

3. At the outset, learned counsel for the petitioner submits that a counter affidavit has come on behalf of the respondent no. 5 and 6 duly signed by the District Land Acquisition Officer, Patna and paragraph nos.7 to 10 read as follows:

7. That it is needful to state that the petitioner has been paid the compensation amount of Rs.14,76,753.00 through Award No.10 (Ka) with regard to the acquired land 0.06729 acre under Plot No-1513, Khata No.638 for the said Project i.e Danapur Bihta Elevated Corridor in L.A Case No.38 /2012-13 as per the

4/5 provision of the RFCTLARR Act, 2013 including the 100% solatium amount.

8. That as far as Plot No.1514 is concerned, the NHAI has given approval dated 25.03.2026 for acquisition of additional land of 11 decimal in Plot No.1514 pursuant to which notice dated 01.04.2026 has been issued to the concerned Circle Office, Bihta.

9. That the land in question is Bakast Malik Land. The Award No.03 has been prepared for payment of Rs.26,92,189.50 to the raiyats for 11 decimal of land in Plot No.1514.

10. That the petitioner has not submitted application in the office of the District Land Acquisition Office, Patna for receiving payment in the said Plot No-1514.

4. The facts have been brought on record by the respondents, it is now upon the petitioner/family members to approach the concerned authority alongwith relevant document to receive the compensation amount for plot no.1514. So far as plot no.1513 is concerned, the payment has already been made.

5. In case, the family members approaches the

5/5 authority concerned, it is expected that without unnecessary delay, if the documents are in order, appropriate steps shall be taken for payment of compensation.

6. The writ petition is disposed of with the aforesaid observation.

(Rajiv Roy, J) vinayak/- U