Suman Singh @ Suman Sharma vs The State Of Bihar on 6 July, 2026

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    Patna High Court

    Suman Singh @ Suman Sharma vs The State Of Bihar on 6 July, 2026

    Author: Rajiv Roy

    Bench: Rajiv Roy

             IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Civil Writ Jurisdiction Case No.11917 of 2023
         ======================================================
    1.    Suman Singh @ Suman Sharma Son of Late Ram Akbal Sharma Resident of
          Village-Bherharia, P.O.-Siyarampur, P.S.-Paliganj, District-Patna.
    2.   Binay Singh Son of Late Chandradeo Singh Resident of Village-Bherharia,
         P.O.-Siyarampur, P.S.-Paliganj, District-Patna.
    3.   Arun Kumar Tiwari Son of Siddeshwar Tiwari @ Chini Tiwari Resident of
         Village-Bherharia, P.O.-Siyarampur, P.S.-Paliganj, District-Patna.
    4.   Rabindra Sharma Son of Late Alakhdeo Sharma Resident of Village-
         Bherharia, P.O.-Siyarampur, P.S.-Paliganj, District-Patna.
    5.   Nawlesh Sharma Son of Bachchu Sharma Resident of Village-Bherharia,
         P.O.-Siyarampur, P.S.-Paliganj, District-Patna.
    6.   Surya Nath Singh @ Sharma Son of Late Rajju Singh Resident of Village-
         Bherharia, P.O.-Siyarampur, P.S.-Paliganj, District-Patna.
    7.   Laxman Tiwari Son of Raj Bahadur Tiwari Resident of Village-Bherharia,
         P.O.-Siyarampur, P.S.-Paliganj, District-Patna.
    8.   Bimal Kumar Tiwari Son of Ram Pratap Tiwari Resident of Village-
         Bherharia, P.O.-Siyarampur, P.S.-Paliganj, District-Patna.
                                                                    ... ... Petitioner/s
                                           Versus
    1.   The State of Bihar through the Additional Chief Secretary, Department of
         Revenue and Land Reforms, Govt. of Bihar, Patna.
    2.   The Distirct Magistrate-Cum-Collector, Patna.
    3.   The Distirct Land Acquisition Officer, Patna.
    4.   The Commissioner, Patna Division, Patna.
    5.    The Executive Engineer, Rural Engineer Organization, Patna Division,
          Patna.
                                                             ... ... Respondent/s
         ======================================================
         Appearance :
         For the Petitioner/s   :      Mr. Neeraj Kumar, Advocate
         For the Respondent/s   :      Mr. Md. Khurshid Alam, AAG-12
         ======================================================
         CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
         ORAL JUDGMENT
         Date : 06-07-2026
    
                        Heard Mr. Neeraj Kumar, learned counsel for the
    
          petitioner and the State.
    
                      2. The present petition has been preferred for the
    
          following relief/s:
    
                                                   i)      for      issuance        of
    
                                       appropriate writ, order or direction
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                                            specially in the nature of certiorari for
    
                                            quashing the notice dated 09.05.2023
    
                                            published in Hindi Newspaper "Dainik
    
                                            Bhaskar"        under    Section    19    (1)
    
                                            whereby Collectorate, Patna (District
    
                                            Land       Acquisition     Branch)       has
    
                                            declared that for the project G.T.S.N.Y.
    
                                            and       for     Mukhya-Mantri         Gram
    
                                            Sampark Yojna (G.T.S.N.Y.) Lands
    
                                            from Guran Bigha Road to Bherari
    
                                            Siyarampur Road) is required for
    
                                            construction of Road, and area of
    
                                            0.6760 Acres vide Thana No. 328
    
                                            Revenue Thana No. Bikram, Anchal-
    
                                            Paliganj, District- Patna.
    
                                                           ii) for quashing the Award
    
                                            No. 1, 2, 4 and 5 issued under Section
    
                                            37(2)      of     the    Right     to    Fair
    
                                            Compensation and Transparency in
    
                                            Land Acquisition, Rehabilitation and
    
                                            Re-settlement Act, 2013 given to the
    
                                            petitioners.
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                                                           iii) For a direction to the
    
                                            Respondent authorities not to take
    
                                            possession of land to be acquired.
    
                                                           iv) Any other relief or reliefs
    
                                            to which the petitioners are entitled in
    
                                            the facts and circumstances of this
    
                                            case.
    
                         3. The matter relates to a piece of land details of
    
             which is/are incorporated in paragraph no.4 of the petition and
    
             read as under:
    
                                            (i) Plot No. 1314, 1315 of Petitioner
    
                                            No.1 Suman Sharma
    
                                            (ii) lands of Petitioner No.2, Binay
    
                                            Singh vide Khata No. 368, S. Plot No.
    
                                            1317 an area of 0.046 acres
    
                                            (iii)     Rabindra Sharma vide Khata
    
                                            No. 357 S. Plot No. 1412 an area of
    
                                            0.18 acres
    
                                            (iv) Chini Tiwari vide Khata No. 334,
    
                                            S. Plot No. 1425 an area of 0.1150
    
                                            acres
    
                                            (v) lands of Surya Nath Singh @
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                                            Sharma, vide Khata No. 2585, S. Plot
    
                                            No. 1762 an area of 0.055
    
                                              (vi) lands of Bimal Tiwari, Laxman
    
                                            Tiwari, Nawlesh Sharma are also
    
                                            going to be acquired (details not
    
                                            given).
    
                         4. The respondent proposed to acquire the land under
    
             'Mukhyamantri Gramin Sadak Yojana' (henceforth for short
    
             'the Yojana').
    
                         5. Though not incorporated in this writ petition, the
    
             submission put forward by the learned counsel for the petitioner
    
             is/are that the mandatory notice under Section 11(i) of Land
    
             Acquisition,      Rehabilitation         and   Resettlement Act, 2013
    
             (henceforth for short 'the 2013 Act') was never issued and
    
             instead, the respondents straight away made the award
    
             declaration.
    
                         6. Aggrieved, the present writ petition. Learned
    
             counsel for the petitioners submits that the least that is expected
    
             from the respondents is/are to issue notice to the petitioners
    
             about their intention to acquire the property which must be
    
             clear, cogent and meaningful.
    
                         7. In support of the case, learned counsel for the
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             petitioner, took this Court to an order of the Hon'ble Supreme
    
             Court in the case of Kolkata Municipal Corporation and
    
             another vs Vimal Kumar Shah and Ors. reported in 2024 (3)
    
             (SC) (97) with specific reference to paragraphs 24, 25, 27 and
    
             30 which read as under:
    
                                               24. the Right to property: A net of
    
                                               intersecting rights: There is yet
    
                                               another aspect of the matter. Under
    
                                               our         constitutional       scheme,
    
                                               compliance with a fair procedure of
    
                                               law before depriving any person of
    
                                               his immovable property is well
    
                                               entrenched. We are examining this
    
                                               issue in the context of Section 352 of
    
                                               the Act which is bereft of any
    
                                               procedure        whatsoever          before
    
                                               compulsorily       acquiring         private
    
                                               property.     Again,      assuming      that
    
                                               Section 363 of the Act provides for
    
                                               compensation,                compulsory
    
                                               acquisition        will      still       be
    
                                               unconstitutional if proper procedure
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                                               is not established or followed before
    
                                               depriving a person of their right to
    
                                               property. We find it compelling to
    
                                               clarify that a rather undue emphasis
    
                                               is     laid     on        provisions          of
    
                                               compensation to justify the power of
    
                                               compulsory          acquisition,       as     if
    
                                               compensation         by      itself    is    the
    
                                               complete procedure for a valid
    
                                               acquisition;
    
                                               25. while it is true that after the 44th
    
                                               Constitutional Amendment, the right
    
                                               to property drifted from Part-III to
    
                                               Part-XII of the Constitution, there
    
                                               continues to be a potent safety net
    
                                               against arbitrary acquisitions, hasty
    
                                               decision-making              and        unfair
    
                                               redressal mechanisms. Despite its
    
                                               spatial placement, Article 300A
    
                                               which declares that "no person shall
    
                                               be deprived of his property save by
    
                                               authority      of      law       has        been
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                                               characterised       both        as     a
    
                                               constitutional and also a human
    
                                               right10.     To      assume          that
    
                                               constitutional     protection        gets
    
                                               constricted to the mandate of a fair
    
                                               compensation       would        be     a
    
                                               disingenuous reading of the text and,
    
                                               shall we say, offensive to the
    
                                               egalitarian spirit of the Constitution.
    
                                               27. What then are these sub-rights or
    
                                               strands      of     this     swadeshi
    
                                               constitutional fabric constituting the
    
                                               right to property? Seven such sub-
    
                                               rights can be identified albeit non-
    
                                               exhaustive. These are: (i) duty of the
    
                                               State to inform the person that it
    
                                               intends to acquire his property-the
    
                                               right to notice, (ii) the duty of the
    
                                               State to hear objections to the
    
                                               acquisition-the right to be heard,
    
                                               (iii) the duty of the State to inform
    
                                               the person of its decision to acquire
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                                               the right to a reasoned decision, (iv)
    
                                               the duty of the State to demonstrate
    
                                               that the acquisition is for public
    
                                               purpose-the duty to acquire only for
    
                                               public purpose, (v) the duty of the
    
                                               State to restitute and rehabilitate the
    
                                               right       of   restitution     or    fair
    
                                               compensation, (vi) the duty of the
    
                                               State to conduct the process of
    
                                               acquisition efficiently and within
    
                                               prescribed       timelines       of     the
    
                                               proceedings-the right to an efficient
    
                                               and expeditious process, and (vii)
    
                                               final conclusion of the proceedings
    
                                               leading to vesting the right of
    
                                               conclusion.
    
                                               30.     Following     are      the    seven
    
                                               principles:
    
    
    
                                               30.1. The Right to notice: (i) A prior
    
                                               notice informing the bearer of the
    
                                               right that the State intends to
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                                               deprive them of the right to property
    
                                               is a right in itself; a linear extension
    
                                               of the right to know embedded in
    
                                               Article 19(1)(a). The Constitution
    
                                               does not contemplate acquisition by
    
                                               ambush. The notice to acquire must
    
                                               be clear, cogent and meaningful.
    
                                               Some of the statutes reflect this right.
    
                                               (ii) Section 4 of the Land Acquisition
    
                                               Act, 1894, Section 3 (1) of the
    
                                               Requisitioning and Acquisition of
    
                                               Immovable       Property      Act,   1952,
    
                                               Section 11 of the Right to Fair
    
                                               Compensation and Transparency in
    
                                               Land Acquisition, Rehabilitation and
    
                                               Resettlement Act, 2013, and Section
    
                                               3A of the National Highways Act,
    
                                               1956 are examples of such statutory
    
                                               incorporation of the right to notice
    
                                               before      initiation   of    the    land
    
                                               acquisition proceedings.
    
                                               (iii) In a large number of decisions,
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                                               our     constitutional       courts     have
    
                                               independently recognised the right
    
                                               to notice before any process of
    
                                               acquisition is commenced.
    
                                               30.2. The Right to be heard: (i)
    
                                               Following the right to a meaningful
    
                                               and     effective    prior     notice     of
    
                                               acquisition, is the right of the
    
                                               property-bearer to communicate his
    
                                               objections and concerns to the
    
                                               authority acquiring the property.
    
                                               This right to be heard against the
    
                                               proposed      acquisition       must      be
    
                                               meaningful and not a sham.
    
                                               (ii)   Section      5A   of    the     Land
    
                                               Acquisition Act, 1894, Section 3 (1)
    
                                               of the Requisitioning and Acquisition
    
                                               of Immovable Property Act, 1952,
    
                                               Section 15 of the Right to Fair
    
                                               Compensation and Transparency in
    
                                               Land Acquisition, Rehabilitation and
    
                                               Resettlement Act, 2013, and Section
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                                               3C of the National Highways some
    
                                               statutory Act, 1956, embodiments of
    
                                               this    right.   are   some   statutory
    
                                               embodiments of this right.
    
                                               iii) Judicial opinions recognizing the
    
                                               importance of this right are far too
    
                                               many to reproduce. Suffice to say
    
                                               that that the enquiry in which a land
    
                                               holder would raise his objection is
    
                                               not a mere formality.
    
                                               30.3. The Right to a reasoned
    
                                               decision: (i) That the authorities
    
                                               have heard and considered the
    
                                               objections is evidenced only through
    
                                               a reasoned order. It is incumbent
    
                                               upon the authority to take an
    
                                               informed decision and communicate
    
                                               the same to the objector.
    
    
    
                                               Act, 1894, Section 3 (2) of the (ii)
    
                                               Section 6 of the Land Acquisition
    
                                               Requisitioning and Acquisition of
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                                               Immovable       Property        Act,    1952,
    
                                               Section 19 of the Right to Fair
    
                                               Compensation and Transparency in
    
                                               Land Acquisition, Rehabilitation and
    
                                               Resettlement Act, 2013 and Section
    
                                               3D of the National Highways Act,
    
                                               1956,         are        the       statutory
    
                                               incorporations of this principle.
    
                                               (iii) Highlighting the importance of
    
                                               the declaration of the decision to
    
                                               acquire, the Courts have held that
    
                                               the declaration is mandatory, falling
    
                                               which, the acquisition exceedings
    
                                               will cease to have effect.
    
                                               30.4. The Duty to acquire only for
    
                                               public      purpose:      (i)    That     the
    
                                               acquisition must be for a public
    
                                               purpose is inherent and an important
    
                                               fetter on the discretion of the
    
                                               authorities         to   acquire.        This
    
                                               requirement, which conditions the
    
                                               purpose of acquisition must stand to
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                                               reason with the larger constitutional
    
                                               goals       of   a    welfare     state   and
    
                                               distributive justice.
    
                                               (ii) Sections 4 and 6 of the Land
    
                                               Acquisition Act, 1894, Sections 3(1)
    
                                               and 7(1) of the Requisitioning and
    
                                               Acquisition of Immovable Property
    
                                               Act, 1952, Sections 2(1), 11(1), 15(1)
    
                                               (b) and 19(1) of the Right to Fair
    
                                               Compensation and Transparency in
    
                                               Land Acquisition, Rehabilitation and
    
                                               Resettlement Act, 2013 and Section
    
                                               3A(1) of the National Highways Act,
    
                                               1956         depict         the     statutory
    
                                               incorporation of the public purpose
    
                                               requirement            of         compulsory
    
                                               acquisition.
    
    
    
                                               (iii) The decision of compulsory
    
                                               acquisition of land is subject to
    
                                               judicial review and the Court will
    
                                               examine and determine whether the
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                                               acquisition is related to public
    
                                               purpose. If the court arrives at a
    
                                               conclusion that that there is no
    
                                               public purpose involved in the
    
                                               acquisition, the entire process can be
    
                                               set-aside. This Court has time and
    
                                               again reiterated the importance of
    
                                               the         underlying       objective      of
    
                                               acquisition of land by the State to be
    
                                               for a public purpose.
    
                                               30.5. The Right of restitution or fair
    
                                               compensation: (i) A person's right
    
                                               to hold and enjoy property is an
    
                                               integral part to the constitutional
    
                                               right         under        Article       300A.
    
                                               Deprivation or extinguishment of
    
                                               that right is permissible only upon
    
                                               restitution, be it in the form of
    
                                               monetary                     compensation,
    
                                               rehabilitation        or     other   similar
    
                                               means. Compensation has always
    
                                               been considered to be an integral
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                                               part of the process of acquisition.
    
                                               (ii)   Section   11   of    the    Land
    
                                               Acquisition Act, 1894, Sections 8
    
                                               and 9 of the Requisitioning and
    
                                               Acquisition of immovable Property
    
                                               Act, 1952, Section 23 of the Right to
    
                                               Fair          Compensation          and
    
                                               Transparency in Land Acquisition,
    
                                               Rehabilitation and Resettlement Act,
    
                                               2013, and Sections 3G and 3H of the
    
                                               National Highways Act, 1956 are the
    
                                               statutory incorporations of the right
    
                                               to restitute a person whose land has
    
                                               been compulsorily acquired.
    
                                               (iii) Our courts have not only
    
                                               considered that compensation is
    
                                               necessary, but have also held that a
    
                                               fair and reasonable compensation is
    
                                               the sine qua non for any acquisition
    
                                               process.
    
                                               30.6. The Right to an efficient and
    
                                               expeditious      process:    (i)    The
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                                               acquisition process is traumatic for
    
                                               more        than     one      reason.        The
    
                                               administrative delays in identifying
    
                                               the land, conducting the enquiry and
    
                                               evaluating the objections, leading to
    
                                               a final declaration, consume time
    
                                               and energy. Further, passing of the
    
                                               award, payment of compensation
    
                                               and taking over the possession are
    
                                               equally      time     consuming.        It     is
    
                                               necessary for the administration to
    
                                               be efficient in concluding the process
    
                                               and within a reasonable time. This
    
                                               obligation must necessarily form
    
                                               part of Article 300A.
    
                                               (ii) Sections 5A(1), 6, 11A and 34 of
    
                                               the Land Acquisition Act, 1894,
    
                                               Sections      6(1A)     and     9      of     the
    
                                               Requisitioning and Acquisition of
    
                                               Immovable          Property     Act,        1952,
    
                                               Sections 4(2), 7(4), 7(5), 11(5), 14,
    
                                               15(1), 16(1), 19(2), 25, 38(1), 60(4),
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                                               64 and 80 of the Right to Fair
    
                                               Compensation and Transparency in
    
                                               Land Acquisition, Rehabilitation and
    
                                               Resettlement Act, 2013 and Sections
    
                                               3C(1), 3D(3) and 3E(1) of the
    
                                               National      Highways    Act,     1956,
    
                                               prescribe for statutory frameworks
    
                                               for the completion of individual
    
                                               steps in the process of acquisition of
    
                                               land within stipulated timelines.
    
                                               (iii) On multiple occasions, upon
    
                                               failure to adhere to the timelines
    
                                               specified in law, the courts have set
    
                                               aside the acquisition proceedings.
    
                                               30.7. The Right of conclusion: (i)
    
                                               Upon conclusion of process of
    
                                               acquisition     and      payment      of
    
                                               compensation,     the    State     takes
    
                                               possession of the property in normal
    
                                               circumstances. The culmination of
    
                                               an acquisition process is not in the
    
                                               payment of compensation, but also
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                                               in taking over the actual physical
    
                                               possession of the land. If possession
    
                                               is not taken, acquisition is not
    
                                               complete. With the taking over of
    
                                               actual possession after the normal
    
                                               procedures        of        acquisition,     the
    
                                               private holding is divested and the
    
                                               right, title and interest in the
    
                                               property, along-with possession is
    
                                               vested in the State. Without final
    
                                               vesting,      the        State's,     or      its
    
                                               beneficiary's right, title and interest
    
                                               in the property is inconclusive and
    
                                               causes      lot     of      difficulties.    The
    
                                               obligation to conclude and complete
    
                                               the process of acquisition is also
    
                                               part of Article 300A,
    
    
    
                                               (iâ…±)    Section        16     of    the     Land
    
                                               Acquisition Act, 1894, Sections 4
    
                                               and 5 of the Requisitioning and
    
                                               Acquisition of Immovable Property
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                                               Act, 1952, Sections 37 and 38 of the
    
                                               Right to Fair Compensation and
    
                                               Transparency in Land Acquisition,
    
                                               Rehabilitation and Resettlement Act,
    
                                               2013, and Sections 3D and 3E of the
    
                                               National    Highways     Act,    1956,
    
                                               statutorily recognise this right of the
    
                                               acquirer.
    
                                               (iii) This step of taking over of
    
                                               possession has been a matter of
    
                                               great judicial scrutiny and this Court
    
                                               has endeavoured to construe the
    
                                               relevant provisions in a way which
    
                                               ensures non-arbitrariness in this
    
                                               action of the acquirer 20. For that
    
                                               matter, after taking over possession,
    
                                               the process of land acquisition
    
                                               concludes with the vesting of the
    
                                               land with the concerned authority.
    
                                               The culmination of an acquisition
    
                                               process by vesting has been a matter
    
                                               of great importance. On this aspect,
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                                               the courts have given a large
    
                                               number of decisions as to the time,
    
                                               method      and   manner     by    which
    
                                               vesting takes place.
    
    
    
                         8. Accordingly, the contention is that having not
    
             followed the mandatory provision of the issuance of notices, the
    
             first principle of the right to notice having been breached, the
    
             decision taken by the respondents have to be interfered with.
    
                         9. A counter affidavit has come on behalf of the
    
             respondent no. 2 and 3 duly signed by the Additional District
    
             Land Acquisition Officer, Patna and learned State counsel has
    
             taken this Court to paragraph no.9 to 16 which read as under:
    
                                                9. that preliminary notification
    
                                                under      section   11   (1)    of   the
    
                                                RFCTLARR Act, 2013 has been
    
                                                issued vide letter no-2113, dated-
    
                                                02.09.2022

    and Declaration vide

    letter no-1011, dated-03.05.2023.

    SPONSORED

    The possession has been handed

    over to Requisitioning Authority the

    on 27.01.2024;

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    10. that the rate fixation of the land

    has been done after considering the

    higher value of the average value of

    the sale deeds preceding three

    years from the notification and

    MVR has been considered.

    The average of the sale deed

    has been found to be Rs.-

    17,58,288.00 per acre whereas

    the MVR of the land in question

    which is agriculture in nature

    has been fixed to be

    17,50,000.00 per acre. Thus the

    higher rate of Rs.-17,58,288.00

    per acre has been considered

    for the calculation of the

    compensation amount to the

    land owners. Further 60%

    solatium amount to those land

    owners who have given their

    land on their own and addition

    of additional damages has been
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    added. The rate fixation report

    dated-12.06.2023 which has

    been approved by the Collector,

    Patna.

    11. That the Award No-01, 02,

    03, 04 and 05 (Annexure 05

    series of the writ petition) has

    been prepared in the name of

    Sharma (Petitioner), Sharma,

    Kamata Suman Ravindra Singh

    and Chini Tiwari and issued

    under section-37 (2) of the

    RFCTLARR Act, 2013 in

    accordance with calculation as

    law as per the mentioned in the

    aforesaid paragraph.

    12.That the land owners did not

    turn up for receiving the

    compensation amount inspite of

    several notices sent to them and

    paper publication also made in

    this regard. There has been no
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    application filed by the land

    owners for compensation

    amount receiving even the after

    10 days of new paper

    publication made in Hindustan

    and Dainik Jagaran dated-

    01.12.2023.

    13. That accordingly the

    District Land Acquisition

    passed order Officer, Patna has

    Memo vide No-119, dated-

    13.01.2024 whereby direction

    has been made for depositing

    the 100% compensation

    amount before the Learned

    Court of the Land Acquisition

    Rehabilitation and Resettlement

    Authority, Patna under section-

    77 (2) of the RFCTLARR Act,

    2013.

    14. That it is humbly submitted

    that earlier in the aforesaid
    Patna High Court CWJC No.11917 of 2023 dt.06-07-2026
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    order, due to typing mistake the

    total compensation amount has

    been inadvertently mentioned

    as Rs. 1 28,72,796.00 instead of

    Rs.-48,72,796.00. The said

    amount of Rs-28,72,796.00 has

    been earlier sent vide Cheque

    No-086647, dated-25.01.2024

    to the Learned Court of the

    Land Acquisition Rehabilitation

    and Resettlement Authority,

    Patna.

    Thus an amended order vide

    Memo No-304, dated-

    29.01.2025 has been issued by

    the District Land Acquisition

    Officer, Patna whereby order

    has been passed directing the

    Nazir of the Land Acquisition

    District Office, Patna to send

    the remaining amount of
    Patna High Court CWJC No.11917 of 2023 dt.06-07-2026
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    Rs.20,00,000.00 to the Learned

    Court of the Land Acquisition

    Rehabilitation and Resettlement

    Authority, Patna. The said

    amount of Rs.-20,00,000.00 has

    been sent to the Authority vide

    Cheque No-300536, dated-

    30.01.2025.

    15. That it is apparent from the

    aforesaid facts that the

    answering respondents have

    taken needful action in

    accordance with law in the

    aforesaid matter.

    16. That in view of the

    aforesaid facts, the notice

    dated-09.05.2023 under section

    19 (1) of the RFCTLARR Act,

    2013 issued by the Collector,

    Patna with regard to the

    aforesaid project is justified in

    the eyes of law.

    Patna High Court CWJC No.11917 of 2023 dt.06-07-2026
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    10. Learned State counsel submits that contrary to the

    stand taken by the petitioners (not in the affidavits in the writ

    petition) that no notice was issued prior to the declaration of the

    award, it clearly reflects from the paragraph no.9 of the counter

    affidavit that vide letter no.2113 dated 02.09.2022 notice under

    Section 11(i) of ‘the 2013 Act’ has issued and when no

    objection was received with regard to the land in question, only

    thereafter, the declaration vide letter no. 10011 dated 02.05.2023

    came into existence.

    11.Learned State counsel submits that 80% the work

    already stands completed but due to the petitioner putting spoke

    in the wheels, the entire work could not be completed yet.

    12. Having heard the parties and pursuing the records,

    the facts that emerges is/are that the petitioners knocked the

    doors of the High Court with the prayer not to acquire their

    lands which they are cultivating. In the entire writ petition, no

    where it records that the notice under Section 11(i) of ‘the 2013

    Act’ was not issued thus breaching the first principle mandated

    by the Hon’ble Supreme Court in the case of Kolkata

    Municipal Corporation (Supra).

    13. Further, the matter was first heard by a coordinate

    bench on 09.01.2025 and while directing the respondents to file
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    affidavits, it was observed that status quo as existing today to be

    maintained.

    14. The affidavits of the respondents came to be filed

    on 04.02.2025 after service of copy to the learned counsel for

    the petitioners. It recorded issuance of notice under Section

    11(i) of ‘the 2013 Act’ vide letter no. 2113 dated 02.09.2022.

    The petitioners chose not to file any reply to the counter

    affidavit rebutting the stand of the respondents despite receiving

    the affidavit on 04.02.2025 till the matter has been taken up for

    hearing. In between, adjournments were sought for and granted

    by another coordinate bench on 31.10.2025, 11.11.2025 and

    18.11.2025.

    15. When the matter was lastly taken up on

    16.06.2026, once again prayer for adjournment was made but a

    stand was taken by the learned counsel that he intends to

    converse with the petitioners regarding compensation on the

    receipt of compensation amount as 80% of the work stands

    completed. This court thus adjourned the matter.

    16. However, today, learned counsel for the petitioner

    has taken up the non issuance of notice under Section 11(i) of

    ‘the 2013 Act’ to interfere with the decision. This Court repeats

    that no reply to counter affidavit(dated 04.02.2025) has been
    Patna High Court CWJC No.11917 of 2023 dt.06-07-2026
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    filed by the petitioners rebutting the stand of the respondents

    that notice was indeed issued which followed the award.

    17. This Court is thus satisfied that the respondents

    have followed the legal process in the said acquisition process

    which includes issuance of notice under Section 11(i) of ‘the

    2013 Act’ to the declaration of award.

    18. Regarding the Hon’ble Supreme Court’s

    judgement in the Kolkata Municipal Corporation (Supra)

    cited by the petitioners, this Court observes that it no way

    applies in the case of the petitioners as they failed to rebut the

    specific stand taken by the respondents about the issuance of

    notice.

    19.This Court further holds that the records show that

    the respondents followed the principles required in the case of

    acquisition as mandated in Kolkata Municipal Corporation

    (Supra). The petitioner never put forward their objection

    pursuant to the said notice and as such cannot claim that they

    were not heard.

    20. Further, the acquisition has been made for ‘the

    Yojana’ which is definitely in public purpose.Thus, the second

    principle also was fulfilled, further, it is not the case of the

    petitioner that they have not been given fair compensation as
    Patna High Court CWJC No.11917 of 2023 dt.06-07-2026
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    mandated in Kolkata Municipal Corporation(Supra).

    21.The respondents have further taken efficient and

    expeditious process and have concluded the acquisition

    proceeding following all the legal procedure, thus, all the

    principles mandated in Kolkata Municipal Corporation

    (Supra).

    22. Lots of water has flown down the ganges and now

    the time has come for the respondents to complete the project

    which is pending since last 3-4 years. The petitioners, if so want

    can receive the compensation amount after presenting their

    respective documents.

    23. The aforesaid facts have been incorporated. This

    takes the Court to only one conclusion. The writ petition lacks

    merit and is accordingly dismissed. The status quo order passed

    earlier gets merged with the order of dismissal.

    24. Let the copy of the order be sent to the office of

    the Collector, Patna for his perusal/needful.

    
    
    
    
                                                         (Rajiv Roy, J)
    Ravi/-Ankita
    AFR/NAFR                AFR
    CAV DATE
    Uploading Date          08.07.2026
    Transmission Date
     



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