Landowner challenged acquisition for State Highway 81 alleging non-compliance with LA Act 1894 and lapse under RFCTLARR Act 2013. With consent, writ petition disposed of granting liberty to file detailed representation before LARRA Patna within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10794 of 2017
======================================================
Brijnandan Prasad Singh Son of late Ramchandr Yadav, Resident of VillageSakaddi, P.S. Koilwar, District- Bhojpur.
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamlesh Kumar, Advocate. : Ms. Kahkashan Alam, Advocate. For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP-14.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER
2 07-01-2025 Heard learned counsel for the parties.
the following reliefs:-
“i. For the quashing of entire land acquisition proceeding by which land is being acquired for state highway 81 (Sakaddi to Nasriganj) in non compliance of the provision under section 5A and section 9 in pursuant to section 4 & 9 of the Land Acquisition Act 1894 (hereinafter in short referred as L.A. Act, 1894).
ii. Further quashing of the said proceeding for non compliance of the provision of section '9' in pursuant to the declaration under section 6 as published on 28.02.2012 in daily news paper under L.A. Act, 1894.
iii. Further to declare that the land acquisition
Patna High Court CWJC No.10794 of 2017(2) dt.07-01-2025 2/3
proceeding initiated under L.A. Act 1894 is lapsed on the ground in terms of section 24 of the New Act 2013 as the Right to Fair compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013. (hereinafter in short referred as R.F. C.T. L.A. R.R. Act, 2013) and still till date physical possession of the land in question has not been taken nor the compensation has been paid to the petitioner by the respondent.
iv. To declare that quantum of award has been made under either old or new Act is invalid in non compliance of provision of L.A. Act, 1894.
v. After the quashing of entire acquisition proceeding, direction be given to the respondent Authorities to initiate the fresh proceeding for the land in question under RFCTLARR Act, 2013 or to calculate and to determine the quantum of Award for the land in question accordance with the provision laid down under sec. 26 to 30 of the new Act 2013 or w.e.f. 01.01.2014 to the petitioners as so he submitted representation earlier to the respondents.
vi. Any other relief/ reliefs be granted to the petitioner as so he is entitled in eye of law.”
Patna High Court CWJC No.10794 of 2017(2) dt.07-01-2025 3/3
petitioner, the present writ petition stands disposed of with liberty to the petitioner to file proper and detailed representation / application before the competent authority / Land Acquisition, Rehabilitation and Resettlement Authority (LARRA), Patna for redressal of his grievance(s) within a period of six weeks from today.
(Sunil Dutta Mishra, J)
Ritik/-
U
4 provisions across 2 enactments
Brijnandan Prasad Singh
The State of Bihar through the Chief Secretary Govt. of Bihar
The Commissioner, Patna
The Collector, Bhojpur at Ara
The Addl. Collector, Bhojpur at Ara
The Land Reform District, Bhojpur at Ara
Sunil Dutta Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
