IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18343 of 2022 ====================================================== Ganesh Kapar, Son of Late Jagdeo Kapar, Resident of village - Basudeopur, Ekari Pirokhar, P.S. - Madhawapur, Distt. - Madhubani (Bihar). ... ... Petitioner/s Versus 1. The State of Bihar through the Collector, Madhubani. 2. The Collector of the District (DM), Madhubani. 3. The Circle Officer, Madhawapur, Madhubani. 4. The Project Director, National Highway Authority of India (NHAI), Darbhanga. 5. The Competent Authority Cum District Land Acquisition Officer, NH 527C Project, District - Madhubani. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Nath Jha, Advocate For the Respondent/s : Mr. Sajid Salim Khan (SC-25) Mr. Arifdaula Siddiqui, AC to SC-25 For the N.H.A.I. : Mr. Sriram Krishna, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 3 18-06-2026 Heard learned counsel for the petitioner, learned AC to the SC-25 and learned counsel appearing on behalf of N.H.A.I. 2. The petitioner has filed present writ application seeking following reliefs : (i) Quashing/setting aside the order dt. 05.08.2022 (Annx-11) passed by the Respondent Patna High Court CWJC No.18343 of 2022(3) dt.18-06-2026 2/7 No. 5 in Case No. 01 of 2019-2020 (Ganesh Kapar Vs. N.H.A.I.) whereby and whereunder the claim of the petitioner for payment of amount of compensation has been rejected on unsustainable ground. (ii) Directing the Respondent- authorities to pay the amount of compensation to the petitioner in accordance with law as the raiyati land of the petitioner have been acquired by the authorities (NHAI) pursuant to the Notification (Annx-6 Series & Annx-7) issued by them. (iii) Holding and declaring that the Respondents-N.H. authorities had no jurisdiction to acquire, and to utilize the lands of the petitioner without making payment of amount of compensation to the petitioner when the same land had been granted in favour of the father of the petitioner by the Bhoodan Yagna committee long ago. (iv) Granting any other relief/reliefs for which the petitioners may be found entitled to. 3. The present fact of the case is that in the year 1957, the Bhoodan Yagna Committee vide its parcha dt. 10.09.1957 granted the land-in-question in favour of one Jagdeo Kapar, who is the father of the petitioner. Consequently, after the death of Jagdeo Kapar, the present petitioner came into the possession of the said land and had been paying rent to the concerned Anchal till the year 2017 and had been receiving rent receipts thereof. Subsequently, the petitioner came to know that the Revisional Patna High Court CWJC No.18343 of 2022(3) dt.18-06-2026 3/7 authority has illegally prepared the revisional survey khatiyan with respect to the land-in-question in the name of Anabad Bihar Sarkar and the new plots bearing no. 120 and 121 were carved out, but in the column of khaifiat the name of the father of the petitioner was remained shown having been in actual possession. Thereafter, the petitioner filed a case bearing no. 62 of 2013 in the court of DCLR Benipatti in which after hearing the parties, the learned Anchala Adhikari passed an order for making necessary correction. Thereafter, the petitioner came to know that the part area of the new plots-in-question were notified by the NHAI for acquisition, for the purpose of widening and construction of NH-527C. Thereafter, a notification issued U/S 3D of NH Act was also published in which the lands of the petitioner were shown to be agricultural, but the same have been treated as Government land and not as raiyati lands of the petitioner. The petitioner having being aggrieved with the aforesaid acquisition by the NHAI and non payment of amount of compensation, the petitioner had to approach before this Hon’ble Court vide CWJC No. 23122 of 2019 which was heard and disposed of by this Hon’ble Court by its order dated 16.12.2019 with direction to the learned District Land Acquisition Authority to dispose of the petition of the writ- Patna High Court CWJC No.18343 of 2022(3) dt.18-06-2026 4/7 petitioner in accordance with law. The petitioner then filed a detailed petition before respondent no. 5 requesting therein inter-alia to pay him the amount of compensation at the residential rate. Thereafter, the respondent no. 5 without applying its judicial mind rejected the claim of the petitioner for amount of compensation by its order dated 05.08.2022 passed in Case No. 01 of 2019-20, therefore, the present writ application. 4. The grievance of the petitioner is restricted to the fact that the land which has been given to his father through Bhoodan committee has been acquired for construction of National Highway and the authority has not paid him a single amount for the same. From perusal of the documents, it is clear that the father of the petitioner was a settlee through the Bhoodan committee and after issuance of parcha in the year 1957, the same was in the possession of the father of the petitioner and thereafter, his heirs and legal representatives. What is necessitated in the present writ application was the fact that the District Land Acquisition Officer, Madhubani (hereinafter referred to as ‘the DLAO’) in Case No. 01 of 2019- 2020 passed an order holding that the petitioner has only the right of use over the said land and therefore, his claim that a residential house was constructed on it, is not tenable as the land Patna High Court CWJC No.18343 of 2022(3) dt.18-06-2026 5/7 is completely a government land. 5. Having heard the learned counsels for the parties and having perused the documents, this Court has observed that a strange logic has been given by the DLAO, Madhubani where he has held that the petitioner despite being issued parcha through Bhoodan committee had only the right of use over the said land and he had no right and title over the same. Considering the same, his application was not entertained and he was directed to approach the Arbitrator Commissioner for redressal of his grievances. 6. This Court finds substance in the submissions made by the learned counsel for the petitioner that the Arbitrator would only come into play when an Award would have been passed however, in the present case, no Award has been passed and in fact, the Government has completely denied that the petitioner would be entitled for any compensation. 7. It is a settled law that once the land has been settled and if need arises and such land is acquired then, the only process which has to be adopted by the Government is to verify as to whether the settlement was as per the process and was carried out by the competent authority and thereafter, if the competent authority is satisfied then, the compensation of such Patna High Court CWJC No.18343 of 2022(3) dt.18-06-2026 6/7 amount shall be paid to the settlee. Reference to the letter no. 1211 dated 01.08.2008 issued by the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna, has been made, which has been brought on record by way of Annexure-P/13. 8. In such view of the matter, in the opinion of this Court, the authority i.e. the District Land Acquisition Officer, Madhubani has erred in observing that the land-in-question belongs to the State of Bihar and not to the settlee. 9. In view of the above, the order dated 05.08.2022 passed in Case No. 01 of 2019-2020 as contained in Annexure- 11, is set aside. 10. The District Land Acquisition Officer, Madhubani is directed to pay the petitioner the amount of compensation as he is legally entitled in lieu of the acquisition of the land to the tune of 07 (seven) kattha and 01 (one) dhur, as detailed in Annexure-4, along with the statutory interest and other admissible amount as per the Act. 11. The payment of such amount should be made within a period of twelve weeks from the receipt/production of a copy of this order. It goes without saying that the District Land Acquisition Officer, Madhubani shall take into account the Patna High Court CWJC No.18343 of 2022(3) dt.18-06-2026 7/7 entire assets including any residential complex standing on the said land in finalization of the compensation. 12. The present writ application stands allowed. deepak/- (Sourendra Pandey, J) U