Bachchi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14366 of 2025 ====================================================== Bachchi Devi, Wife of Brij Bihari Singh, Resident of village- Udwantnagar, P.S.- Udwantnagar, District- Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Reforms Department, Govt. of Bihar, Patna.

2.

Commissioner, Patna Division, Patna.

3.

District Magistrate, Bhojpur, Dist.- Bhojpur 4.

Land Acquisition Officer, Bhojpur at Ara, Dist.- Bhojpur 5.

Circle Officer, Udwantnagar, Bhojpur at Ara, Anchal-Udwantnagar, P.SUdwantnagar, Dist.-Bhojpur 6.

National Highway Authority India, New Delhi through its chairman. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sahja Nand Sharma, Adv.

For the State :

Mr. Government Pleader 16 For the NHAI :

Mr. Dr. Maurya Vijay Chandra, Adv.

Mr. Gaurav Govinda, Adv.

Ms. Aditi Singh, Adv.

Ms. Preety Ranjan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-09-2025 The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India, invoking the writ jurisdiction of this Court in the nature of Mandamus, directing the State-Respondents, mainly the respondent No. 4, to pay the enhanced compensation rate for the land acquired by the Government for the purpose of construction of the road from Patna-Ara-Sasaram (Road No. 119).

2. Heard learned counsel for the petitioner, learned

Patna High Court CWJC No.14366 of 2025(2) dt.09-09-2025 2/2 Government Pleader-16 for the State and learned counsel for the National Highways Authority of India (NHAI).

3. The main grievance of the petitioner is that the proper compensation of the land of the petitioner which has been acquired for the construction of the Patna-Ara-Sasaram (Road No. 119) has not been given to her as the compensation has been assessed considering the said land as being agricultural land but the same is homestead land. It is an admitted position that the petitioner has filed her application before the concerned authority but the same is pending for deciding. Further, the petitioner has a specific efficacious remedy under section 3G(5) of the National Highways Act, 1956, which should have been availed by her. Accordingly, the instant writ petition stands disposed of, with giving a liberty to the petitioner to file an application before an Arbitrator appointed by the Central Government to raise her grievance. If she avails this liberty then the said Arbitrator shall decide her application at the earliest as per the provisions of law.

(Shailendra Singh, J) annu/- U