Arvind Kumar Prabhakar v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.277 of 2026 ====================================================== Arvind Kumar Prabhakar Son of Late Ram Shankar Rai, R/o VillageDabhach, P.S.- Tisiauta, Anchal-Patepur, District- Vaishali.... ... Petitioner/s
Versus
1.
The Union of India through Secretary Ministry of Road Transport and Highway, New Delhi.
2.
The State of Bihar through the Principal Secretary, Land and Revenue Department, old Secretariat, Patna.
3.
The Director, Land Acquisition, Government of Bihar, Patna. 4.
The District Magistrate, Vaishali, At- Hajipur. 5.
District Land Acquisition Officer, Vaishali, At Hajipur. 6.
Divisional Commissioner Muzaffarpur Cum Arbitrator, Tirhut Division Muzaffarpur, at Muzaffarpur.
7.
The Project Director, National Highway Authority of India, Project Implementation Unit, Muzaffarpur at Muzaffarpur. 8.
Circle Officer of Patepur Circle, P.S. Patepur, District- Vaishali. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rudal Prasad, Advocate For NHAI :
Mr.Saket Tiwary, Advocate Mr.Animesh Gupta, Advocate For the Respondent/s :
Additional Solicitor General ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-01-2026 Heard learned counsel appearing on behalf of the petitioner and the learned counsel for the State.
2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia following relief(s), which is reproduced hereinafter:- "This is an application for issuance of a writ in the nature of certiorari to quash order dated 02.06.2025 passed by Respondent No. 6 in Arbitration Case No. 09/2025 contained in Annexure-01 whereby the claim of the petitioner under section 3G[7(a)] of the National Highways Act, 1956 has been rejected and for issuance of appropriate order for direction for directing the respondents to pay appropriate compensation amount for the area of the land described in paragraph No. 3 of this application according to the present market value over which NH-119D is being constructed under the project of "Bharat Mala" from Kalyanpur (Hajipur) in Vaishali District to Bela Nawada situated in Darbhanga District by Respondent No.7and for issuance of a writ/order /direction for which the petitioner may be found legally entitled to get appropriate compensation amount at the market value of the land on the
Patna High Court CWJC No.277 of 2026(2) dt.27-01-2026 2/3 date of publication of the notification U/s 3A N.H. Act 1956 under the facts and circumstances of this application."
3. Learned counsel appearing on behalf of the petitioner seeks liberty to file application before the appropriate authority under the provision of the Bihar Agriculture Land (Conversion for Non-Agriculture Purposes) Act, (hereinafter to be referred as the 'Act, 2010') to get his land converted into commercial land from agriculture land after making payment of due revenue for such conversion.
4. Learned counsel in this background submits that since the adjoining land in the vicinity of the petitioner's acquired land is commercial in nature, the Market Value Register (MVR) fixed for the area ought to be at commercial rates.
5. If such application is filed by the petitioner for converting his land in commercial land, the authority concerned is directed to act forthwith so that the petitioner is not deprived of his right under Article 300-A of Constitution of India or in alternative the petitioner can go for mediation as per the provision of Act, 2010 and give effect to the Mediation for the Nation 2.0 for amicable settlement.
6. With the above observation/direction, the present
Patna High Court CWJC No.277 of 2026(2) dt.27-01-2026 3/3 writ petition stands disposed of.
(Purnendu Singh, J) chn/- U