Nirnimesh Kumar vs The State Of Bihar on 19 February, 2026

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    Patna High Court

    Nirnimesh Kumar vs The State Of Bihar on 19 February, 2026

    Author: Purnendu Singh

    Bench: Purnendu Singh

              IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Civil Writ Jurisdiction Case No.2738 of 2026
         ======================================================
         Nirnimesh Kumar Son of Kapeshwar Prasad Singh, Presently residing at
         House No. 80, Siddharth Niketan, Sector 14, Kaushambi, Sahibabad,
         Ghaziabad, Uttar Pradesh 201010, Permanent address - Village- Mor, P.S.
         Mokama, District- Patna, Bihar.
    
                                                                      ... ... Petitioner/s
                                           Versus
    1.   The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
    2.   Union of India, through Principal Secretary, Ministry of Railways,
         Government of India.
    3.   Principal Secretary, Department of Revenue and Land Reforms, Government
         of Bihar, Patna.
    4.   Urban Development and Housing Department, through the Principal
         Secretary, Government of Bihar, Patna.
    5.   Commissioner, Patna Division, District- Patna.
    6.   District Magistrate-cum-Collector, Patna.
    7.   District Land Acquisition Officer, Patna.
    8.   The Administrator, Rehabilitation and Resettlement Authority, Patna, Bihar.
    9.   Circle Officer, Sadar, District- Patna.
    10. The General Manager, East Central Railway, Hajipur, Vaishali, Bihar
        844101.
    11. The Divisional Railway Manager, Danapur Division, East Central Railway,
        DRM Office, Danapur, Patna, Bihar 801105.
    12. Chief Engineer, Project Director, Neura-Daniyawa Railway Line Project.
    13. District Treasury Officer, Patna, Bihar.
    
                                                   ... ... Respondent/s
         ======================================================
         Appearance :
         For the Petitioner/s   :        Mr. Ankit Griyaghey, Advocate
                                         Mr.Harshit Griyaghey, Advocate
         For the Respondent/s   :        Mrs. Binita Singh, SC 28
         ======================================================
         CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
         ORAL JUDGMENT
    
          Date : 19-02-2026
                      Heard Mr. Ankit Griyaghey along with Mr. Harshit
    
          Griyaghey, learned counsels              appearing on behalf of the
    
          petitioner and Mrs. Binita Singh, learned SC 28 for the State.
     Patna High Court CWJC No.2738 of 2026 dt.19-02-2026
                                               2/11
    
    
    
    
                             2. The petitioner in paragraph no. 1 of the present
    
             writ petition has sought inter alia the following relief(s), which
    
             is reproduced hereinafter:-
    
                                                   "1. That the petitioner seeks kind
                                     indulgence of this Hon'ble court for the following
                                     relief(s):
    
                                                     a. For issuance of a writ in the nature of
                                     certiorari for quashing the acquisition proceedings
                                     initiated vide notification dated 29.04.2006 under
                                     Section 4 of the Land Acquisition Act, 1894 (as amended
                                     by Bihar Act 11 of 1961) and to hold that the acquisition
                                     process stand lapsed in respect of petitioner's land in
                                     terms of Section 24(2) of the Right to Fair Compensation
                                     and Transparency in Land Acquisition, Rehabilitation
                                     and Resettlement Act, 2013 (hereinafter referred to as the
                                     "2013 Act") or otherwise governed by the provisions of
                                     2013 Act as neither compensation/award was paid nor
                                     possession was taken for more than five years prior to
                                     01.01.2014

    , the date of commencement of the 2013 Act.

    b. For issuance of a writ in the nature of
    certiorari for quashing the unlawful and arbitrary award
    dated 03.09.2025 prepared in the year 2025 under the
    repealed Land Acquisition Act, 1894 (hereinafter
    referred to as the “1894 Act”) as the same is without
    jurisdiction after coming of the 2013 Act, violative of
    Articles 14, 21 and 300-A of the Constitution and
    contrary to binding precedents of the Hon’ble Supreme
    Court.

    SPONSORED

    c. For issuance of a writ in the nature of
    mandamus directing the respondents to prepare
    compensation/award afresh strictly in accordance with
    the provisions of the 2013 Act and in terms of the recent
    Supreme Court judgments wherein it has been held that if
    the award is prepared after undue delay, the land owners
    shall be compensated at the current market rate with all
    consequential benefits as per the law.

    d. For issuance of a appropriate writ(s),
    order(s) or direction(s) to the respondents to grant
    Rehabilitation and Resettlement benefits to the petitioner
    under Sections 31 to 42 of the 2013 Act:

    e. For issuance of any other writ(s),
    order(s), or direction(s) as this Hon’ble Court may deem
    fit and proper.”

    3. Learned counsel appearing on behalf of the
    Patna High Court CWJC No.2738 of 2026 dt.19-02-2026
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    petitioner submitted that the petitioner purchased 0.06420 acres

    of land, appertaining to Khata No.289, Khesra No.220, situated

    in Village Bhusaula, Danapur, Patna, through a registered sale

    deed dated 26.10.1994, and Jamabandi was duly created in his

    name. He remained in lawful possession and regularly paid rent.

    In the year 2006, the State issued a notification under Section 4

    of the Land Acquisition Act, 1894 (hereinafter reffered to as

    “Act, 1894”) for acquisition of land, including a portion of

    Khesra No. 220 where the petitioner’s land is situated, for

    construction of the Neura-Daniyawa New Railway Line,

    invoking the urgency clause under Section 17(4). However, no

    notice under Section 9 of Act, 1894, was ever served upon the

    petitioner. Neither the physical possession was taken, nor any

    award was prepared and no amount of compensation was paid

    any time prior to 01.01.2014. The petitioner continued in

    possession and raised plinth construction in 2015 being in

    peaceful possession of the land. Petitioner was informed about

    the constructed structure which was removed some time in year

    2022. Petitioner enquired and was informed that the land was

    acquired for construction of Neura-Daniyawa New Railway

    Line and in that regard, District Land Acquisition Officer has

    recommended the compensation rate at Rs.2,25,00,000 per acre
    Patna High Court CWJC No.2738 of 2026 dt.19-02-2026
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    on 28.11.2012 along with statutory benefits. The Revenue

    Inspector submitted report dated 28.08.2025, confirming the

    ownership, possession, and entitlement to 100% compensation.

    The District Land Acquisition Officer, vide order dated

    03.09.2025, determined compensation of the petitioner which

    comes to the tune of Rs.6,79,832/- at the applicable MVR for

    financial year 2006-07 (Rs. 23,00,000 per acre), which is not in

    accordance with law, as once the Award is made after

    01.01.2014, i.e., after commencement of the Act, 2013,

    compensation/award must be determined strictly under the Act

    2013 as per the current market value of the land. The claim of

    the petitioner is also supported by the rent fixation determined

    by the District Land Officer vide its communication dated

    28.11.2012.

    4. Learned counsel has placed reliance upon

    paragraph no.37 of a recent judgment of the Apex Court in case

    of Bernard Francis Joseph Vaz and Others Versus

    Government of Karnataka and others, reported in (2025) 7

    SCC 580 in support of his claim that if the petitioner is not

    entitled for determination of rate of compensation as per the

    present value in the vicinity where the land has been acquired,

    the petitioner is at least entitled for due compensation on the
    Patna High Court CWJC No.2738 of 2026 dt.19-02-2026
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    basis of the value of the land (MVR) as having been notified by

    the State Government in the vicinity.

    5. Per contra, learned counsel appearing on behalf

    of the State submitted that the petitioner before availing remedy

    under Act, 2013 has straight away filed the present writ petition.

    The Act is a complete Code in itself. Section 33 of the Act

    provides Corrections to awards by Collector which is inter alia

    reproduced hereinafter:

    “(1) The Collector may at any time, but not later than six
    months from the date of award or where he has been
    required under the provisions of this Act to make a
    reference to the Authority under section 64, before the
    making of such reference, by order, correct any clerical or
    arithmetical mistakes in either of the awards or errors
    arising therein either on his own motion or on the
    application of any person interested or local authority:

    Provided that no correction which is likely to affect
    prejudicially any person shall be made unless such person
    has been given a reasonable opportunity of making
    representation in the matter.

    (2) The Collector shall give immediate notice of any
    correction made in the award so corrected to all the
    persons interested.

    (3) Where any excess amount is proved to have been paid to
    any person as a result of the correction made under sub-

    section (1), the excess amount so paid shall be liable to be
    refunded and in the case of any default or refusal to pay, the
    same may be recovered, as prescribed by the appropriate
    Government.”

    6. Without filing any application for determination

    of MVR in the area after the repeal of the Act, 1894, reference is

    required to be made before the Collector and the Collector as

    per the provision prescribed under Section 64 of the Act, is the
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    final authority to interfere with the Award prepared. Learned

    counsel further submitted that the petitioner has not given

    specific date in respect of the final acquisition of the land and

    possession handed over to the railways by the State

    Government. On these grounds, learned counsel submitted that

    the writ petition being devoid of any merit is fit to be dismissed.

    7. Heard the parties.

    8. Having heard the rival submissions made on

    behalf of the parties and having perused the information

    contained in support of the relief as sought for in the present

    writ petition. The petitioner seeks due compensation in respect

    of acquisition of land allegedly acquired for construction of

    Neura-Daniyawa New Railway Line as per the Land

    Acquisition Act, 1894 (1 of 1894). The said Act has been

    repealed vide Act, 2013. Since the compensation was paid after

    coming into force of Act, 2013, the petitioner seeks

    compensation as per Act, 2013. In this regard, I find it apt to

    reproduce the Section 114 of Act 2013, which is inter alia as

    under:-

    “114. Repeal and saving.-

    (1) The Land Acquisition Act, 1894 (1 of 1894) is hereby
    repealed.

    (2) Save as otherwise provided in this Act the repeal under
    sub-section (1) shall not be held to prejudice or affect the
    Patna High Court CWJC No.2738 of 2026 dt.19-02-2026
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    general application of section 6 of the General Clauses Act,
    1897 (10 of 1897) with regard to the effect of repeals.”

    9. Section 114 of the Act, 2013 makes it clear so far

    as the effect of repeal of the Act, 1894 is concerned. All the past

    actions are saved as per the provision of Section 6 of General

    Clauses Act, 1897. The above informations are contained

    paragraph no.13 of the writ petition. The total amount of Award

    has been calculated on the basis of MVR as it was existing on

    the date of notification dated 29.04.2006. The petitioner is

    aggrieved for non-payment of full amount of compensation

    amount till date as per the present market value of the land

    determined by the State Government and being aggrieved by the

    meager amount of Award which he has received on the basis of

    amount calculated on the basis of MVR of year 2014 on

    03.09.2025 and that too under the Act, 1894, although the award

    was prepared under the repealed Act, rendering the Award

    ineffective.

    10. The Act, 2013, is a complete code in itself and

    determination of Award in the present case, which has been

    challenged by the petitioner, remedy lies before the District

    Magistrate, who is having jurisdiction to review the amount of

    Award by making necessary correction. In this regard, a

    reference can be made to Sections 33 and 64 of the Act 2013. It
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    is admitted position that the petitioner has received the Award

    in the year 2014 under protest in respect of the acquisition

    proceeding which was initiated way back in the year 2006.

    11. Law in respect of land having acquired as per

    the Act, 1894 and the payment of the compensation after the

    lapse of the acquisition proceeding, the consideration has been

    made by the Apex Court in case of Indore Development

    Authority vs Manoharlal And Ors. reported in AIR 2020 SC

    1496, which is reproduced hereinafter:

    “366. In view of the aforesaid discussion, we answer the
    questions as under:

    366.1. Under the provisions of Section 24(1)(a) in case
    the award is not made as on 1-1-2014, the date of
    commencement of the 2013 Act, there is no lapse of
    proceedings. Compensation has to be determined under
    the provisions of the 2013 Act.

    366.2. In case the award has been passed within the
    window period of five years excluding the period covered
    by an interim order of the court, then proceedings shall
    continue as provided under Section 24(1)(b) of the 2013
    Act under the 1894 Act as if it has not been repealed.
    366.3. The word “or” used in Section 24(2) between
    possession and compensation has to be read as “nor” or
    as “and”. The deemed lapse of land acquisition
    proceedings under Section 24(2) of the 2013 Act takes
    place where due to inaction of authorities for five years
    or more prior to commencement of the said Act, the
    possession of land has not been taken nor compensation
    has been paid. In other words, in case possession has
    been taken, compensation has not been paid then there is
    no lapse. Similarly, if compensation has been paid,
    possession has not been taken then there is no lapse.
    366.4. The expression “paid” in the main part of Section
    24(2)
    of the 2013 Act does not include a deposit of
    compensation in court. The consequence of non-deposit
    is provided in the proviso to Section 24(2) in case it has
    not been deposited with respect to majority of
    landholdings then all beneficiaries (landowners) as on
    the date of notification for land acquisition under Section
    4
    of the 1894 Act shall be entitled to compensation in
    accordance with the provisions of the 2013 Act. In case
    the obligation under Section 31 of the Land Acquisition
    Patna High Court CWJC No.2738 of 2026 dt.19-02-2026
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    Act, 1894 has not been fulfilled, interest under Section 34
    of the said Act can be granted. Non-deposit of
    compensation (in court) does not result in the lapse of
    land acquisition proceedings. In case of non-deposit with
    respect to the majority of holdings for five years or more,
    compensation under the 2013 Act has to be paid to the
    “landowners” as on the date of notification for land
    acquisition under Section 4 of the 1894 Act.
    366.5. In case a person has been tendered the
    compensation as provided under Section 31(1) of the
    1894 Act, it is not open to him to claim that acquisition
    has lapsed under Section 24(2) due to non-payment or
    non-deposit of compensation in court. The obligation to
    pay is complete by tendering the amount under Section
    31(1)
    . The landowners who had refused to accept
    compensation or who sought reference for higher
    compensation, cannot claim that the acquisition
    proceedings had lapsed under Section 24(2) of the 2013
    Act.

    366.6. The proviso to Section 24(2) of the 2013 Act is to
    be treated as part of Section 24(2), not part of Section
    24(1)(b)
    .

    366.7. The mode of taking possession under the 1894 Act
    and as contemplated under Section 24(2) is by drawing
    of inquest report/memorandum. Once award has been
    passed on taking possession under Section 16 of the 1894
    Act, the land vests in State there is no divesting provided
    under Section 24(2) of the 2013 Act, as once possession
    has been taken there is no lapse under Section 24(2).
    366.8. The provisions of Section 24(2) providing for a
    deemed lapse of proceedings are applicable in case
    authorities have failed due to their inaction to take
    possession and pay compensation for five years or more
    before the 2013 Act came into force, in a proceeding for
    land acquisition pending with the authority concerned as
    on 1-1-2014. The period of subsistence of interim orders
    passed by court has to be excluded in the computation of
    five years.

    366.9. Section 24(2) of the 2013 Act does not give
    rise to new cause of action to question the legality of
    concluded proceedings of land acquisition. Section
    24
    applies to a proceeding pending on the date of
    enforcement of the 2013 Act i.e. 1-1-2014. It does
    not revive stale and time-barred claims and does not
    reopen concluded proceedings nor allow
    landowners to question the legality of mode of
    taking possession to reopen proceedings or mode of
    deposit of compensation in the treasury instead of
    court to invalidate acquisition.”

    (emphasis supplied)

    12. Recently, the said proposition of law has been

    duly considered by the Apex Court in paragraph no. 37 in case
    Patna High Court CWJC No.2738 of 2026 dt.19-02-2026
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    of Bernard Francis Joseph (Supra), which is reproduced

    hereinafter:

    “37. It can thus be seen that this Court in
    Barangore Jute Factory case [Competent Authority v.
    Barangore Jute Factory
    , (2005) 13 SCC 477] observed that
    normally, compensation is determined as per the market
    price of land on the date of issuance of the notification
    regarding acquisition of land but there are judgments of this
    Court where in similar situations instead of quashing the
    impugned notification, this Court shifted the date of the
    notification so that the landowners are adequately
    compensated. This Court directed that compensation
    payable to the landowners be determined as on the date
    when possession of land was taken by the respondents
    therein i.e. 19-2-2003.”

    (emphasis supplie)

    13. Considering the facts and circumstances of the

    case, as well as, the law laid down by the Apex Court, as

    referred hereinabove, the petitioner is at liberty to approach the

    District Magistrate-cum-Collector, Patna, having jurisdiction

    for determination of the amount of current amount of Award,

    which the petitioner has claimed on the basis of information

    provided to him under Right to Information Act in respect of the

    MVR in the vicinity of the land which has been acquired. The

    claim of the petitioner is also supported by the rent fixed for the

    Circle by the Government of Bihar for the purpose of

    registering on the basis of the MVR fixed in the area.

    14. The District Magistrate is directed to consider

    the records relating to land acquisition, particularly the date of

    possession and the MVR notified by the State Government, as
    Patna High Court CWJC No.2738 of 2026 dt.19-02-2026
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    in the year 2014, the petitioner had received the award under

    protest and redress the claim of the petitioner well within a

    period of six weeks in accordance with law from the date of

    communication of this order.

    15. Accordingly, the present writ petition stands

    disposed of.

    (Purnendu Singh, J)
    Sanjay/-

    AFR/NAFR                NAFR
    CAV DATE                NA
    Uploading Date           03.03.2026
    Transmission Date       NA
     



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