Chandradeep Rai v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10561 of 2016 ====================================================== Chandradeep Rai son of Late Chhathu Rai resident of Village Hullukpur, P.S. Gardanibagh, Dist- Patna ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Chief Secretary, Govt. of Bihar, Patna.
3.
Principal Secretary, Revenue and Land Reforms Dept., Govt. of Bihar, Patna.
4.
District Magistrate cum Collector, Patna 5.
Competent Authority-cum-District Land Acquisition Officer, Patna 6.
National Highway Authority of India through its Project Director, Project Implementation Unit, D/63 7.
Project Director, Project Implementation Unit, National Highway Authority of India, D/63 Sri Krishn 8.
Arbitrator under National Highways Act 1956.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Ranjan Singh, Advocate For the State :
Mr. Sunil Kumar Mandal, SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-08-2025 Heard the parties.
2. The present petition has been preferred for the grant of following relief(s):
"That, by way of instant writ petition, petitioner challenges and disputes the legality and validity of land acquisition process initiated by and on behalf of National Highway Authority of India (NHAI) for a Project namely NH 30 & 84 Patna Buxar section fuek. kz gsrq whereby
Patna High Court CWJC No.10561 of 2016(2) dt.05-08-2025 2/3 and where under residential land of petitioner and others has been acquired by Competent Authority cum District Land Acquisition Officer, Patna vide L.A case No.62/2012 - 13 and Award for the same has also been prepared. competent authority Respondent No.1 has illegally and arbitrarily fixed the nature of land as agriculture and leading to that fixed the compensation of acquired land at the rate fixed for agriculture land, and paid only Rs.4591620/- for a piece of land measuring an area of 9 decimals of Khasra No.338 and Rs.19608120/- for another piece of land measuring and area of 46.6 decimals of Khasra No.339.
Name of revenue village- Nathupur, ThanaPhulwari sarif, Thana No. 109, Tauzi No. 5648, Khata No. 126, Plot No.338, Area-9 decimals and Plot No. 339 Area 46 decimals.
Land acquisition officer, Patna has unilaterally and illegally and arbitrarily fixed the valuation of land and its value treating the residential lands as agricultural land, whereas even as per governments' record itself the land in
Patna High Court CWJC No.10561 of 2016(2) dt.05-08-2025 3/3 acquisition are residential lands, and as such entire acquisition process and its award vide L.A case No.62/2012-13 to the extent of petitioner's land is fit to be held lapsed as the physical possession has not been taken place and also compensation has not been properly paid to the petitioner land owner and as such land acquisition proceeding is fit to be quashed and set aside."
3. Mr. Ajay Kumar Tiwari on the instruction of Mr. Prabhat Ranjan Singh, learned counsel for the petitioner prays for withdrawal of the petition.
4. Accordingly, the writ petition stands dismissed as withdrawn.
(Rajiv Roy, J) vinayak/- U