Disposed¶35

Kanhaiya Kant Mishra v. The National Highway Authority of India (Nhai)

Patna HC4 May 2026CWJC/8702/2025

Case brief

AI extract

What is this about?

Land acquisition compensation enhancement; National Highways Act 1956 s.3H(4); reference to Principal Civil Court cum Principal District Judge, Madhubani; DLAO / Competent Authority under NH Act; NHAI Darbhanga; award alleged lesser/meager/unreasonable/arbitrary; commercial and residential land; interest and solatium; restraint on dispossession; pending petition Annx-P/4 before DLAO; liberty to approach DLAO; writ disposed of without commenting on merits; Rajiv Roy, J.; Patna High Court CWJC 8702/2025.

What did the court decide?

Liberty to the petitioners to approach the District Land Acquisition Officer (respondent no.3), Madhubani; learned State counsel indicated that if such a petition is preferred it will be taken to its logical conclusion; no other relief granted and no comment made on the merits. ¶35

Kanhaiya Kant Mishra Vs The National Highway Authority of India (Nhai) — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶35

Issue for consideration

Whether the petitioners are entitled to appropriate compensation with interest (and solatium) for the lands acquired from them, claimed to be residential/commercial in nature. +3 more

¶19

Ratio / Principle

Liberty was granted to the petitioners to approach respondent no.3, the District Land Acquisition Officer, Madhubani, pursuant to their counsel's submission that they shall do so.

¶32

Key takeaways

With that liberty granted, the writ petition stands disposed of, and the Court expressly refrained from commenting on the merits of the case.ratio¶35

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), oral order dt. 04-05-2026, in CWJC No.8702 of 2025 - Kanhaiya Kant Mishra, Raj Kant Mishra and Abhay Kant Mishra v. NHAI, Ministry of Road Transport and High Ways, DLAO (Competent Authority under NH Act), Madhubani and the State of Bihar. Petitioners, whose lands were acquired, sought appropriate compensation with interest and solatium (claiming the land was commercial/residential), a declaration that the NH authorities' award was lesser/meager/arbitrary, referral of the determination to the Principal Civil Court cum Principal District Judge, Madhubani under s.3H(4), National Highways Act 1956, and restraint on dispossession without payment or without deciding their pending petition (Annx-P/4) before the DLAO. After argument, counsel for the petitioners submitted they would approach the DLAO; the Court granted that liberty, noted the State counsel's assurance that such a petition would be taken to its logical conclusion, and disposed of the writ petition expressly without commenting on the merits. No substantive issue was decided; no precedent was cited and no amount fixed.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8702 of 2025

¶2

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

¶3

Kanhaiya Kant Mishra Son of Sita Ram Mishra Resident of VillageLakhnaur, P.S. Lakhnaur Distt.-Madhubani (Bihar).

¶4

Raj Kant Mishra Son of Sita Ram Mishra Resident of Village-Lakhnaur, P.S. Lakhnaur Distt.-Madhubani (Bihar).

¶5

Abhay Kant Mishra Son of Sita Ram Mishra Resident of Village-Lakhnaur, P.S. Lakhnaur Distt.-Madhubani (Bihar).

¶6

... ... Petitioner/s

¶7

Versus

¶8

The National Highway Authority of India (NHAI), through its Project Director, NHAI Darbhanga

¶9

The Ministry of Road Transport and High Ways through its Project Director, NHAI Darbhanga.

¶10

The District Land Acquisition Officer, (DLAO) Cum Competent Authority Under NH Act, Madhubani.

¶11

The State of Bihar through the Collector of the District, Madhubani.

¶12

The Collector of the District-Madhubani.

¶13

... ... Respondent/s

¶14

====================================================== Appearance : For the Petitioner/s : Mr. Shashi Nath Jha, Advocate For the State : Mrs. Nutan Sahay, AC to AAG-12 ======================================================

¶15

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

¶16

2 04-05-2026 Heard the parties.

¶17

The present petition has been preferred for the

¶18

grant of following relief(s):

¶19

“(i) directing the respondents-authorities to pay the appropriate amount of compensation to the petitioners with interests relating to the lands acquired from them.

¶20

(ii) directing the Resp. no. 3 (DLAO)

¶21

Patna High Court CWJC No.8702 of 2025(2) dt.04-05-2026 2/3

¶22

to refer the whole matter for determination of amount before the principal Civil Court cum Principal District Judge, Madhubani, as enshrined U/S 3 (H) (4) of National Highways Act, 1956 (herein after referred to as N.H. Act, 1956).

¶23

(iii) directing the respondents-NH authorities to re-determine the amount of compensation in favour of the petitioners after considering the nature of land in question, which is commercial and residential in nature.

¶24

(iv) holding and declaring that the

¶25

amount of Award, prepared with respect to the acquired lands of the petitioners by the NH authorities are lesser, meager, unreasonable and arbitrary.

¶26

(v) directing the respondents- NH

¶27

authorities to pay the appropriate amount of compensation with interest and solatium as the acquired lands in question is under the residential establishment of the petitioners.

¶28

(vi) restraining the respondents-

¶29

Patna High Court CWJC No.8702 of 2025(2) dt.04-05-2026 3/3

¶30

authorities not to dispossess the petitioners from the lands in question without making payment to of compensation to them and/ or without deciding the petition ( Annx-P/4) pending before the Learned Resp. no.3 (DLAO).

¶31

(vii) granting any other relief /reliefs for which the petitioners may be found entitled to.”

¶32

After some argument, learned counsel for the petitioner submits that they shall be approaching the respondent no.3, the District Land Acquisition Officer, Madhubani.

¶33