The State must follow due process for land acquisition and compensate affected landholders as per constitutional provisions.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 22-01-2026 Heard Mr. Mohammad Helal, learned counsel appearing on behalf of the petitioners; Mr. Sudhanshu Shekhar, learned AC to SC(24) for the State and Ms. Rushali, learned counsel for the Bihar State Building Construction Corporation Limited (BSBCCL).

2. The petitioners in paragraph no. 1 of the present writ petition have sought inter alia the following relief(s), which is reproduced hereinafter:-

“1. For quashing of order dated 20-05-2025 issued under memo no.2091 by the respondent no.3, the Chief General Manager, Bihar State Building Construction Corporation Limited Patna whereby and where under the private raiyati lands of the petitioners have been encroached for purpose of construction of Football Stadium with 200meter Athletic Track without acquisition and payment of compensation for lands situated at mauza- Kanharia, Thana no. 438, Khata no.-447, plot no. 866, area- 2.80 acre, recorded in the name of Md. Hussain, son of Bhukhan Ali who was the ancestor of petitioners.

II. Restraint the respondent no. 1 to 9 from construction of Football Stadium on the lands of petitioners situated at mauza- Kanharia, Thana no. 438, Khata no.-447, plot no. 866, area- 2.80 acres.

III. During pendency of this writ application stay the order dated 20-05-2025 issued under memo no. 2091 by the respondent no.3.

IV. Grant any other relief(s) as petitioners are entitled in the facts and circumstances stated in this writ application.”

3. Learned counsel appearing on behalf of petitioners submitted that the details of the land of petitioners have been given in the para-5 of the writ petition, which is as below;

“5. That the land situated at mauza Kanharia, Thana No. 438, Khata No. 447, plot no. 866, area-2.80 acres was Khatiyan/Record of Right in the name of Md. Hussain, son of Bhukhan Ali, resident of Village-Kanharia, PS.-Dagarua, District -Purnia. The lands in question as described herein before were raiyati land of Md. Husain. Jamabandi No. 447 of lands in question was created in the name of Md. Hussain and rent/malguzari of the land was regularly paid by Md. Hussain during his lifetime, and after his death, his heirs/legal representatives are paying rent/malguzari of lands in question to the State of Bihar.

recorded in the Continuous.”

Learned counsel submitted that the petitioners are descendants of Late Md. Hussain and the information to that extent has been given in para 8 of the writ petition. The petitioners are aggrieved by the construction of football stadium on their land, total area measuring 2.80 Acres, without having been acquired as per the provision of law as contained in the Bihar Land Reforms Act , 1950, as no public notice was published in accordance with Section 4 of the said Act nor any objection was invited from the public, particularly in respect of the present petitioners, who are the recorded Raiyat and are paying required rent to the State Government for which the petitioners have produced several rent receipts annexed with present writ petition. He further submitted that the petitioners are entitled for due compensation in accordance with right to file the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013 as amended upto date, four times as per the market value of the land. Learned counsel informs that the petitioners have already filed a detailed application before the Collector, Purnia, Circle Officer Dagarua, Purnea and Member of Parliament on 19.12.2025, 21.12.2025 and 27.12.2025, respectively, but no action has been taken by him by directing the District Land Acquisition Officer, concerned to make payment of the required compensation of the petitioners in lieu of land acquired for t