Patna High Court
Manif Mian vs The State Of Bihar Through The ... on 27 August, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16235 of 2021
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Manif Mian Son of Noor Mohammad Mian Resident of Village and P.O. and
P.S. - Inarwa, District- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Revenue and land Reform, Government of BIhar, Patna.
2. The Additional Chief Secretary, Department of Revenue and Land Reform,
Government of Bihar, Patna.
3. The Additional Chief Secretary, Road Construction Department,
Government of Bihar, Patna.
4. The Director Land Acquisition, Government of Bihar, Patna.
5. The District Magistrate, West Champaran, Bettiah.
6. The Land Acquisition Officer, West Champaran, Betiah.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan
For the Respondent/s : Mr.Md. Khurshid Alam ( Aag4 )
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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL JUDGMENT
Date : 27-08-2025
The petitioner has filed the instant writ petition for the
following relief(s) :
I.) To issue a writ / Writs, Order/ Orders,
Direction/ Directions to the respondent authorities
to set aside the award (Annexure-2) prepared by
the respondent no. 6, because the same is contrary
to the Right to fair compensation and Transparency
in Land Acquisition, Rehabilitation and
Resettlement Act 2013( Act no. 30/2013)
II.) To issue a writ / Writs, Order/ Orders,
Direction/ Directions to the respondent authorities
to prepare fresh award as per the Right to fair
Patna High Court CWJC No.16235 of 2021 dt.27-08-2025
compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act
2013(Act no. 30/2013)
III.) To issue a writ / Writs, Order/ Orders,
Direction/ Directions to the respondent authorities
to consider the market value of the land as well as
price fixed by the government for the land of
locality.
IV.) To issue a writ in the nature of Mandamus
commanding and directing the Respondent
Authorities to pay 18% interest on the award from
the date of acquisition till the actual payment.
V.) To issue other direction/ directions as this
Hon'ble Court may deem fit and proper in the facts
and circumstances of this case.
2. The case of the petitioner in brief is that a notice under
Section 11(1) of The Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act 2013 ("2013 Act", for brevity) was issued on
19th September, 2019 for acquisition of land under 2013 Act for
construction of Indo-Nepal Border Road. Since the petitioner
had no objection if the disputed property was acquired by the
State, the respondent authorities issued a notice under Section
21(2) of 2013 Act in LA Case No. 104/2015-16 on 17 th October,
2016 in which 22 decimal of land owned by the petitioner in
khata no. 144, khesra No. 107 (1) of Mauza Inarwa were
Patna High Court CWJC No.16235 of 2021 dt.27-08-2025
acquired. It is also contended by the petitioner that the land
which has been acquired is situated at the vicinity of the
dwelling house of the petitioner though the nature of land was
recorded as Baanswari (Bamboo Grove). The grievance of the
petitioner is that the respondents wrongly treated the land as
agricultural land but it ought to be treated as a residential land
and the amount of compensation should be enhanced.
3. It is provided in Section 64 of the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 :-
"64. Reference to Authority.
(1) Any person interested who has not accepted
the award may, by written application to the
Collector, require that the matter be referred by
the Collector for the determination of the
Authority, as the case may be, whether his
objection be to the measurement of the land, the
amount of the compensation, the person to
whom it is payable, the rights of Rehabilitation
and Resettlement under Chapters V and VI or
the apportionment of the compensation among
the persons interested:
Provided that the Collector shall.
within a period of thirty days from the date of
receipt of application, make a reference to the
Patna High Court CWJC No.16235 of 2021 dt.27-08-2025
appropriate Authority:
Provided further that where the Collector
fails to make such reference within the period so
specified, the applicant may apply to the
Authority, as the case may be, requesting it to
direct the Collector to make the reference to it
within a period of thirty days.
(2) The application shall state the
grounds on which objection to the award is
taken:
Provided that application shall be made-every
such
(a) if the person making it was present or
represented before the Collector at the time
when he made his award, within six weeks from
the date of the Collectors award;
(b) in other cases, within six weeks of the receipt
of the notice from the Collector under section
21, or within six months from the date of the
Collectors award, whichever period shall first
expire:
Provided further that the Collector may
entertain an application after the expiry of the
said period, within a further period of one year,
if he is satisfied that there was sufficient cause
for not filing it within the period specified in the
first proviso."
4. Thus, the efficacious relief to the petitioner lies in
referring the matter to the concerned authority, i.e., the
jurisdictional Collector under Section 64 of the 2013 Act for
assessment and compensation along with the rights of
Patna High Court CWJC No.16235 of 2021 dt.27-08-2025
rehabilitation and resettlement.
5. Therefore, the instant writ petition is disposed of,
directing the petitioner to make proper reference to the
concerned authority under Section 64 of the 2013 Act.
6. It is made clear that since the petitioner was pursuing a
legal remedy by filing the instant writ petition bona fide and
with all diligence, the competent authority is at liberty to
consider the prayer for condonation of delay in filing the
reference in accordance with the appropriate provisions of the
Limitation Act.
7. With the aforesaid direction, the instant petition stands
disposed of, on contest, however, without costs.
(Bibek Chaudhuri, J)
Prakash/-
AFR/NAFR
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