Rita Devi v. The National Highway Authority Of India (Nhai)

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8882 of 2025 ====================================================== 1.

Rita Devi Wife of Sri Sanjiv Kumar Jha, (Daughter of Sri Mohan Jha) Resident of Village- Lakhnaur, P.S.- Lahnaur, Distt.- Madhubani (Bihar). 2.

Kanchan Kumari, Daughter of Sri Sanjiv Kumar Jha, Resident of VillageLakhnaur, P.S.- Lahnaur, Distt.- Madhubani (Bihar). ... ... Petitioner/s

Versus

1.

The National Highway Authority of India (NHAI) through its Project Director, NHAI Darbhanga.

2.

The Ministry of Road Transport and High Ways, through its Project Director, NHAI, Darbhanga.

3.

The District Land Acquisition Officer (DLAO) Cum Competent Authority under NH Act, Madhubani.

4.

The State of Bihar through the Collector of the District, Madhubani. 5.

The Collector of the District, Madhubani.

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

For the Petitioner/s :

Mr. Shashi Nath Jha, Adv.

For the Respondent/s :

Mr.Advocate General (13) For the NHAI :

Mr. Sanat Kumar Mishra, Adv.

Mr. Anand Tiwari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-07-2026 Heard the parties.

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

(i) Directing the respondentsauthorities to pay the appropriate amount of compensation to the petitioners with interests relating to the lands acquired from them.

(ii) Directing the Resp. no.- 3 (DLAO) to refer the whole matter for determination of amount before the principal

Patna High Court CWJC No.8882 of 2025(3) dt.28-07-2026 2/3 Civil Court cum Principal District Judge, Madhubani, as enshrined U/S 3 (H) (4) of National Highways Act, 1956 ( herein after referred to as N.H. Act, 1956).

(iii) Directing the respondents- NH authorities to re-determine the amount of compensation in favour of the petitioners after considering the nature of land in question, which is commercial and residential in nature.

(iv) Holding and declaring that the amount of Award, prepared with respect to the acquired lands of the petitioners by the NH authorities are lesser, meager unreasonable and arbitrary.

(v) Directing the respondents- NH authorities to pay the appropriate amount compensation with interest and solatium as the acquired lands in question under the residential establishment of the petitioners. (vi) Restraining the respondentsauthorities not to dispossess the petitioners from the lands in question without making payment to of compensation to them and/ or without deciding the petition (Annx-P/4) pending before the Learned Resp. no.3 (DLAO).

(vii) Granting any other relief /reliefs for which the petitioners may be found entitled to.

Patna High Court CWJC No.8882 of 2025(3) dt.28-07-2026 3/3

3. Learned counsel for the petitioner submits that it will suffice if the competent authority-cum-District Land Acquisition Officer, Madhubani disposes of the representation pending before him.

4. Learned State Counsel has no objection.

5. In that background, the writ petition is disposed of directing the District Land Acquisition Officer, Madhubani (respondent no. 3) to pass a reasoned order after hearing all the parties in accordance with law at an earliest. (Rajiv Roy, J) Vijay Singh/- U