Disposed¶36

Janardhan Prasad Singh v. The National Highway Authority and Ors.

Patna HC23 Jun 2025CWJC/18394/2017

Case brief

AI extract

What is this about?

Land acquisition compensation quantum challenge; award dated 08.01.2017 in L.A. Case No. 54/2010-11; Collector/DLAO Bhojpur at Ara; widening of NH-30 and NH-84; Koilwar, Bhojpur; alleged breach of natural justice; procedure under sub-clause 3 of S. 3-G, National Highway Act 1956; claimed lapse under S. 24 of RFCTLARR Act 2013 ('New 2013 Act'); non-disposal of representation dated 23.01.2017; coordinate-bench order in Arun Kumar Sing vs. NHAI, CWJC No. 11405 of 2017; writ petition disposed of with liberty to approach appropriate authority/Court; no merits adjudicated; single-judge bench (Rajiv Roy, J.).

What did the court decide?

Liberty granted to the petitioner to approach the appropriate authority/Court for redressal of his grievance regarding the impugned award. ¶36

Janardhan Prasad Singh Vs The National Highway Authority and… — Land Acquisition | Patna HC (2025)

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to approach the appropriate authority/Court for redressal of his grievance regarding the impugned award.

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Issue for consideration

Whether the quantum of award dated 08.01.2017 passed in L.A. Case No. 54/2010-11 by the Collector-cum-District Land Acquisition Officer, Bhojpur at Ara, in the land acquisition proceeding for widening NH-30 and 84, is illegal, invalid and violative of the principle of natural justice. +3 more

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Ratio / Principle

Taking note of the orders cited by learned counsel for the petitioner, the Court granted the petitioner liberty to approach the appropriate authority/Court for redressal of his grievance and disposed of the writ petition without adjudicating the merits of the challenges to the award.

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Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), Civil Writ Jurisdiction Case No.18394 of 2017 — Janardhan Prasad Singh v. The National Highway Authority and others (order dated 23-06-2025). The petitioner challenged the quantum of award dated 08.01.2017 passed in L.A. Case No. 54/2010-11 by the Collector-cum-District Land Acquisition Officer, Bhojpur at Ara (Respondent No. 4) in the land acquisition proceeding for widening NH-30 and 84, contending that it was illegal, invalid and violative of natural justice; that it was passed without following the procedure in sub-clause 3 of section 3-G of the National Highway Act 1956; that the entire acquisition had lapsed under section 24 of the 2013 Act (R.F.C.T. LARRA Act 2013); and that it was vitiated by non-disposal of his representation dated 23.01.2017. Learned counsel for the petitioner submitted that the petitioner would be satisfied if the competent authority/Court took notice of the grievance and passed an appropriate order, placing reliance on an order in Arun Kumar Sing vs. NHAI (CWJC No. 11405 of 2017); learned State counsel raised no objection to the petitioner approaching the appropriate authority/Court. Without deciding the merits, the Court granted the said liberty and disposed of the writ petition.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18394 of 2017

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======================================================

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Janardhan Prasad Singh Son of late Baiju Singh Resident of Village Kulhariya, P.S. Koilwar, District- BhojpurAra.

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... ... Petitioner/s

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Versus

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The National Highway Authority

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The State of Bihar, through the Chief Secretary Govt. of Bihar.

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The Commissioner, Patna.

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The Collector, Bhojpur at Ara Cum District Land Acquisition, Officer, Bhojpur at Ara.

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The Addl. Collector, Bhojpur at Ara.

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The Land Reform District Collector, Bhojpur at Ara.

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The Sub-Divisional Magistrate Cum Addl. Land Acquisition Bhojpur at Ara.

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The Circle officer, Koilwar Circle, Koilwar, District- Bhojpur.

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The Circle Inspector, Koilwar Circle , Koilwar, District Bhojpur.

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The Halka Karamchari, Koilwar Circle, Koilwar, District- Bhojpur.

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... ... Respondent/s

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======================================================

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Appearance : For the Petitioner/s : Mr. Kamlesh Kumar, Advocate : Ms. Kahkashan Alam, Advocate For the Respondent/s : Mr. Raj Kishore Roy, GP-18 For the NHAI : Mr. Kumar Goutam, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

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ORAL ORDER

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2 23-06-2025 Heard Ms. Kahkashan Alam, learned counsel for

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the petitioner and learned counsel representing the State as also Mr. Kumar Gautam, learned counsel representing the NHAI.

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The present petition has been preferred for the grant of following relief(s):

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(i) To be declared the quantum of award dated 08.01.2017 passed in L.A. case No. 54/2010-11 by the Collector cum District Land Acquisition

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Patna High Court CWJC No.18394 of 2017(2) dt.23-06-2025 2/3

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Officer, Bhojpur at Ara (Respondent No. 4) in Land Acquisition proceeding for the wideness NH-30 and 84 is illegal, invalid and on the ground of violative of principle of Natural Justice.

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(ii) The quantum of award has been passed without following the procedure as laid down in sub-clause 3 of the section 3-G of the National Highway Act 1956.

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(iii) To declare that the entire land acquisition proceeding is lapsed in view of the section 24 of the New 2013 Act, as the Right to fair compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013, hereinafter short regard as R.F.C.T. LARRA Act 2013.

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(iv) To declare that the award is illegal which is passed without disposal of the representation dated 23.01.2017 filed by the petitioner.

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(v) Any other relief/reliefs be granted to the petitioner as so he is entitled in eye of law.

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Learned counsel for the petitioner submits that the

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Patna High Court CWJC No.18394 of 2017(2) dt.23-06-2025 3/3

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petitioner shall be satisfied if the competent authority/Court takes notice of the grievance and pass an appropriate order.

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She has taken this Court to an order of Arun Kumar Sing vs. NHAI (CWJC No. 11405 of 2017) in support of her case.

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Learned State counsel has no objection to the petitioner approaching the appropriate authority/Court.

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In that background and taking note of the orders as mentioned by the learned counsel for the petitioner, granting said liberty, the writ petition stands disposed of.

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(Rajiv Roy, J)

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vinayak/-

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Janardhan Prasad Singh v. The National Highway Authority and Ors.

Case brief

What is this about?

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Janardhan Prasad Singh v. The National Highway Authority and Ors.

Case brief

What is this about?

What did the court decide?

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What the court decided

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