Kanhaiya Kant Mishra v. The National Highway Authority Of India (Nhai),

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8702 of 2025 ====================================================== 1.

Kanhaiya Kant Mishra Son of Sita Ram Mishra Resident of VillageLakhnaur, P.S. Lakhnaur Distt.-Madhubani (Bihar). 2.

Raj Kant Mishra Son of Sita Ram Mishra Resident of Village-Lakhnaur, P.S. Lakhnaur Distt.-Madhubani (Bihar).

3.

Abhay Kant Mishra Son of Sita Ram Mishra Resident of Village-Lakhnaur, P.S. Lakhnaur 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, Advocate For the State :

Mrs. Nutan Sahay, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-05-2026 Heard the parties.

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

"(i) directing the respondents-authorities 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)

Patna High Court CWJC No.8702 of 2025(2) dt.04-05-2026 2/3 to refer the whole matter for determination of amount before the principal 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 of compensation with interest and solatium as the acquired lands in question is under the residential establishment of the petitioners. (vi) restraining the respondents-

Patna High Court CWJC No.8702 of 2025(2) dt.04-05-2026 3/3 authorities 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."

3. After some argument, learned counsel for the petitioner submits that they shall be approaching the respondent no.3, the District Land Acquisition Officer, Madhubani.

4. Learned State counsel submits that if such petition is preferred, it will be taken to its logical conclusion.

5. Granting said liberty and without commenting on the merit of the case, the writ petition is disposed of. (Rajiv Roy, J) vinayak/- U