Writ application challenging anticipated land acquisition for a Railway Over Bridge. High Court held grievance premature as acquisition uninitiated and disposed with liberty to file objections if proceedings start.
Application disposed with liberty to file objection before respondent-authorities if acquisition proceeding is initiated.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7072 of 2024
======================================================
... ... Petitioner/s
Versus
... ... Respondent/s
| =============== Appearance : For the Petitioner/s |
==== : |
=================================== Mr. Ankesh Bibhu Mr. Sandeep Kumar Ms. Ankita Tripathi |
|---|---|---|
| For the State For the BRPNNL For the Respondent-6 =============== |
: : : ==== |
Mr. Manoj Kumar Sinha, AC to SC-19 Mr. P. K. Shahi, Sr. Adv. Mr. Vikas Kumar Ms. Aradhana Kumari Mr. Gyanendra Kumar Shukla =================================== |
| CORAM: HONOUR | ABL | E MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER |
Patna High Court CWJC No.7072 of 2024(5) dt.15-09-2025 2/4
5 15-09-2025
1. Heard learned counsel for the parties concerned.
2. The grievance of the petitioners in the present writ application is that the respondent-authorities, without acquiring rayati land of the petitioners, more particularly land situated at Plot No. 636, are intending to construct Railway Over Bridge (ROB) and a requisition in this regard has been sent by the Bihar State Pul Nirman Nigam Ltd. to the District Magistrate, Madhepura, for acquisition of the land of the petitioners and others as mentioned in the requisition in Form-1, which is part of the counter affidavit filed the respondent no. 2-District Magistrate -cum- Collector, Madhepura.
3. Further contention of the petitioners is that the respondent-authorities deviated from the project report and the trace map has been submitted for the construction of Railway Over Bridge upon Madhepura Patharghat Road in lieu of Level Crossing No. 90/T22 at KM 77/9 – 78/0 between DMH-BDMA station situated in Saharsa Purnea Section in the District of Madhepura. Land encroachment proceedings have been initiated against large number of persons i.e. around 61 encroachers, but the respondent-authorities are not in a position to remove persons from encroached land. The alignment has been changed and now the respondent-authorities are trying to construct the
Patna High Court CWJC No.7072 of 2024(5) dt.15-09-2025 3/4
Railway Over Bridge on the land of the petitioners and on other rayati land owners.
4. Learned counsel for the State as well as Bihar State Pul Nirman Nigam Ltd. submits that grievance of the petitioners is premature and they have no cause of action to maintain the writ application inasmuch as no construction has been started on the land of the petitioners and the present work is going over existing road. Some extra land is required from both sides of road where width is falling short. The proposal has been submitted for acquisition of land not only of the petitioners but also of other raiyati land owners of the locality. Notification of acquisition of land has not yet been issued, but the petitioners have submitted their objections before the competent authority.
5. Considering the rival submissions of the parties and taking into consideration the fact that acquisition proceeding has not been initiated upon the subject land of the petitioners and construction upon the petitioners’ land has not yet been started, accordingly, the present writ application is disposed with liberty to the petitioner to file objection before the respondent-authorities, if acquisition proceeding is initiated under the relevant laws.
Patna High Court CWJC No.7072 of 2024(5) dt.15-09-2025 4/4
6. With aforesaid observation and direction, this writ
application stands disposed.
(Anil Kumar Sinha, J)
ashwani/-
U
1 issue framed by the court
Whether a writ application challenging the anticipation of land acquisition for constructing a Railway Over Bridge is maintainable when acquisition proceedings have not yet commenced.
Ashok Kumar and Others
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
