Girija Prasad v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9714 of 2022 ====================================================== 1.

Girija Prasad S/o- Late Ramnandan Prasad, Resident of Village- Noniya Bigha, P.O. Nasratpur, P.S. Dhanarua, District- Patna. 2.

Ramnandan Prasad S/o- Late Rambaran Prasad, Resident of VillageSigarampur, P.O. Pabhera, P.S. Dhanarua, District- Patna. 3.

Aditya Kumar Alias Mungi Lal Yadav, S/o- Late Rampyare Singh, Resident of Village- Rer Bigha, P.O. Pabhera, P.S. Dhanarua, District- Patna. 4.

Brij Bhushan Kumar Alias Brij Bhushan Prasad, S/o- Indredev Yadav Resident of Village Lacchu Bigha, P.O. Pabhera, P.S. Dhanarua, DistrictPatna. 5.

Priyanka Devi W/o- Brij Bhushan Prasad, Resident of Village Lacchu Bigha, P.O. Pabhera, P.S. Dhanarua, District- Patna. ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary Ministry of Road Transport and National Highways, Government of India, New Delhi. 2.

The Chairman, National Highway Authority of India, G-3, Sector-10, Dwarika, New Delhi.

3.

The Regional Director, National Highway Authority of India, Shivmitra Apartment, 1st Floor Vivekanand Marg, Boring Road, Patna. 4.

The Project Director, National Highway Authority of India, Project implementation unit Gaya, House No. 70/2424, opp. Judicial Quarter, Chanakya Puri Colony, Gaya-823001, Bihar.

5.

The State of Bihar, through the principal secretary, Department of Land Reform and Revenue, Bihar, Patna.

6.

The District Magistrate, Patna.

7.

The District Land Acquisition Officer Cum Competent authority, Patna, Bihar.

8.

The Additional Collector, Land and Revenue, Patna, Bihar. 9.

The Circle Officer, Circle- Dhanarua, Sub-Division- Masaurhi, DistrictPatna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Kumar Nirala, Advocate.

For the Respondent/s :

Additional Solicitor General ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 03-02-2026 Heard learned counsel appearing on behalf of the

Patna High Court CWJC No.9714 of 2022(2) dt.03-02-2026 2/3 petitioners and learned counsel for the State.

2. The petitioners in paragraph no. 1 of the present writ petition has sought, inter alia, following relief(s), which is reproduced hereinafter:- "(i) For issuance of a writ in the nature of certiorari for quashing the notices dated 29.07.2021 respectively which bearing notice nos. 1987, 1997, 1998, 1999, 2000, 2002, 2031, 2037, 2040, 2042, 2043. Respectively issued after delivering awards which vide nos. 27, 37, 38, 39, 40, 42, 71, 77, 80, 82, 83 respectively without providing the petitioners proper opportunity to be heard in L.A. Case No. 06/2021-22 with regard to their land acquisition, situated in Mauza- Chhati, Circle- Dhanarua, Thana No. 307, District- Patna pertaining to the project namely NH-119D Bharatmala Amas to Ram Nagar section by the competent authority cum District- land acquisition officer, Patna (respondent No.

7) as contained in annexure-4 to this writ application whereby and where under the (District land acquisition officer) directed/ informed them (Petitioners land owners) to appear before him on 13.08.2021 with their respective documents of their plots of land which were going to be acquired and obtain the enumerated compensation amount of money of their alleged plots of land.

(ii) For issuance of a writ in the nature of mandamus in order to command the respondents to consider the objection comprising in an application dated 13.10.2020 assigned by the petitioners contained as annexure-3 to this writ application as well as further directed them to treat the plots of land of the petitioners to this writ application as well as further directed them to treat the plots of land of the petitioners as residential/ commercial in place of agriculture and further also directed them (respondents) to render them (Petitioners) the compensation by enumerating at the rate of residential/commercial.

(iii) For issuance of writ in the nature of mandamus commanding and directing the respondents authority to pass and appropriate order after hearing the parties on the objection petition dated 23.02.2022 and 24.02.2022 respectively contained as annexure-5 series filed by the petitioners after issuing the notice dated 29.07.2021 before the District land acquisition officer, Patna and further directed him to modify the compensation amount which was inadequate and in the contravention of the national Highway Act 1956 and ascertained once again by reckoning the said compensation amount at the rate of

Patna High Court CWJC No.9714 of 2022(2) dt.03-02-2026 3/3 residential/commercial land along with 12% interest in view of the provision laid down in the National Highway Act, 1956 as well as Right to fair compensation and transparency in land acquisition, Rehabilitation and resettlement Act, 2013.

(iv) For issuance of an appropriate writ restraining the respondents from taking any step in the way of constructing the said highway without paying the proper compensation amount or till the disposal of this writ application.

(v) For issuance of any other writ/writs, direction/directions to the respondents authorities to grant the relief / reliefs to the petitioners for which they are found to be entitled."

3. Learned counsel appearing on behalf of the petitioners submits that the petitioners want to avail appropriate remedy in accordance with law for the relief as prayed for in the present writ petition.

4. The writ petition, accordingly, stands disposed of. (Purnendu Singh, J) mantreshwar/- U