The court established that undisputed title is mandatory for compensation in land acquisition, affirming the need for appropriate judicial avenues for title disputes.

CAV JUDGMENT

Date : 27-11-2025 Heard Mrs. Nivedita Nirvikar, learned Senior Counsel, assisted by Mrs. Shashi Priya, appearing for the petitioner, Mr. Sajid Salim Khan, learned SC-25, appearing for the State- respondents, and Mr. Manish Dhari Singh, learned counsel, appearing for Respondent No. 6.

2. The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking the following reliefs:—

“ (i) For issuance of a writ in the nature of writ of certiorari for quashing of the notification contained in the Gazette of India dated 31st January, 2019 issued from the Road Transport and Highway Ministry, Government of India, New Delhi, published in the Hindu daily "Hindustan" on 26th April, 2019, whereby the land of petitioner mentioned at Serial No. 103 in the village-Salempur having an area of 0.5348 Hectare Plot No. 102 has been declared as Gairmajarua (Govt. Land) while in earlier notification published by the Govt. of Bihar in the newspaper dated 10.06.2018 the aforesaid land was declared as private land required to be acquired for construction of National Highway No. 82 (Gaya Hisua Rajgir Bihar Sharif, Section).

(ii) For issuance of a writ of mandamus directing the Respondent Authorities to make necessary correction in the Gazette Notification dated 31.01.2019 and award compensation to Petitioner for acquiring his land mentioned at Serial No. 103 of aforesaid notification.

(iii) For issuance of a writ of mandamus directing the concerned authority to measure the land acquired for construction of National Highway 82 as per the sanctioned map without causing prejudice to any other residents of the locality.

(iv) For grant of any other relief or reliefs the Petitioner may be found entitled in the facts and circumstances of the case.”

3. Mrs. Nivedita Nirvikar, learned senior counsel appearing for the petitioner, has argued that for the construction of National Highway No. 82 (Gaya–Hisua–Rajgir–Bihar Sharif Section), the land of the petitioner, which falls in Village Salempur, Police Station Mufassil, in the District of Gaya, was said to be acquired vide notification of the Government of Bihar published in the newspaper on 10^th June, 2018. In the said notification, the petitioner’s land finds place at Serial No. 10, the nature of which was shown as private land, and a copy of the notification has been filed before this Court as Annexure-1. Subsequently, on 26.04.2019, in the Hindi newspaper namely Hindustan, the Gazette of India was published, in which it was specifically mentioned that after the publication of the said Gazette notification, the land mentioned would vest in the Central Government. The petitioner’s land finds place at Serial No. 103 in the said notification, but the nature of the land was shown as Gairmajarua (Government Land) in the notification, while in the earlier notification, the petitioner’s land was marked as private land. The petitioner was unaware of the new development and was waiting for notice from the competent authority of NH-82 for the payment of compensation in lieu of the acquisition of his land. It has been further submitted that the grandfather of the petitioner, namely Late Banwari Mahto @ Banwari Yadav, got his title in the land in question through settlement pertaining to Khata No. 73, Plot No. 102, having an area of 3.44 acres, from the ex-landlord, namely Govind Lal Nakfofa, and the ex-landlord had filed Compensation Case No. 105/2016, 53–54, in which the grandfather of the petitioner was mentioned as a settled raiyat. It has been further submitted that for the c