Vijay Kumar Singh v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18957 of 2025 ====================================================== 1.

Vijay Kumar Singh Son of Pundeo Singh, R/o Kharanja Road Ward No.10, New Manpura, P.O- Danapur Cant, P.S.- Danapur, District- Patna. 2.

Om Prakash Singh, Son of Pundeo Singh, R/o Kharanja Road Ward No.10, New Manpura, P.O- Danapur Cant, P.S.- Danapur, District- Patna. ... ... Petitioner/s

Versus

1.

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

2.

The State of Bihar, through the Principal Secretary, Road Construction Department, Vishwsharaiya Bhawan, Bailey Road, Patna. 3.

The Engineer in Chief, National Highway Division, Vishwsharaiya Bhawan, Bailey Road, Patna.

4.

The Commissioner, Saran Division, Chapra.

5.

The Collector, Saran, Chapra.

6.

The District Land Acquisition Officer, Vishwsharaiya Bhawan, Bailey Road, Patna.

7.

The District Land Acquisition Officer, Saran, Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kr Singh, Adv.

For the State :

Dr. Md. Raisul Haque- SC 10 For the U.O.I. : Mr. R. K. Sharma, CGC Mr. Lokesh,Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-11-2025 This writ petition has been filed by the petitioners under Article 226 of the Constitution of India seeking the following reliefs:- "(i) For issuance of an appropriate writ, order or direction directing and commanding the respondents to pay compensation amount, the land of the petitioners which has been acquired by the

Patna High Court CWJC No.18957 of 2025(2) dt.25-11-2025 2/3 respondents for construction of Ramjanki Path Pariyojana NH 227A bearing plot No.

1236, Anchal Mashrakh, Mauja Bahrauli area 3.347 decimal, District-Saran as such on 2.7.2021 award no. 15 for Rs. 521987.70/- has been issued in the name of the petitioners although the Government has fixed circle rate six lakh per decimal of the above area.

(ii) Any other relief or reliefs as this Hon'ble Court may think fit and proper."

2. Mr. Ajay Kumar Singh, learned counsel for the petitioners, Dr. Md. Raisul Haque, learned SC 10 for the Staterespondents and Mr. R. K. Sharma, learned CGC for the Union of India are present and they are heard.

3. The main grievance raised by the petitioners in this writ petition is that the petitioners' land has been acquired for the purpose of Ramjanki Path Pariyojana NH 227A but the compensation amount has been fixed deeming the petitioners' land as agricultural while the nature of petitioners' land is commercial and the petitioners have been forced to withdraw the awarded compensation amount despite representation filed by them by way of Annexure-P/3.

4. It is submitted by the State-respondents that Annexure-P/3 was filed by several persons commonly and as

Patna High Court CWJC No.18957 of 2025(2) dt.25-11-2025 3/3 per the National Highway Act, 1956 a person who is aggrieved with the determination of compensation is required to file a separate application and if the petitioners file separate applications then the same may be considered.

5. Considering the aforesaid submissions, this writ petition is disposed of with giving liberty to the petitioners to file fresh representation(s)/ application(s) before the competent authority defined under the National Highway Act, 1956 raising their objections with regard to the determination of the compensation amount. If the petitioners avail this liberty in the next four weeks from today then the competent authority shall decide the petitioners' application(s) as per provisions of law within four weeks from the date of filing of the application(s) and the same shall not be dismissed solely on the ground of limitation.

6. With the above direction, this writ petition stands disposed of.

(Shailendra Singh, J) BKS/- U