2026 Supreme(Online)(Pat) 6484
PATNA HIGH COURT
Maya Sinha
CWJC-2004/2026
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2004 of 2026 ======================================================
Maya Sinha W/o- Late Ashok Kumar Singh Residing at C/o- Raghvendra Kumar, Sanskar Colony, Karma Road, Ward No.- 7, Road No.- 1, Aurangabad, Bihar- 824101.
... ... Petitioner/s Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.
2. The Chief Secretary, Government of Bihar, Patna.
3. The District Magistrate, Gaya, Office of the District Magistrate, Gaya, Bihar. 4. The Land Acquisition Officer, Gaya, Office of the District Land Acquisition, Gaya, Bihar.
5. The National Highways Authority of India (NHAI), through its Project Director/ Chairman, Regional Office, D- 63, Sri Krishna Puri, Patna-
800001.
... ... Respondent/s ======================================================
Appearance :
For the Petitioner/s : Mrs. Shashi Priya, Advocate.
Mr. Shashank Shekhar, Advocate.
Mr. Amarshakti, Advocate.
For the State : Mr. Anirban Kundu, SC-24. For N.H.A.I. : Mr. Saket Tiwary, Advocate.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER
2 09-02-2026 Heard learned counsel appearing on behalf of the petitioner; learned counsel for the State and learned counsel for the National Highways Authority of India (NHAI).
2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, following relief(s), which is reproduced hereinafter:-
“i. Issue a primary Writ of Mandamus directing the Respondents, particularly the District Land Acquisition Officer, Gaya (Respondent No. 4), to forthwith disclose, produce, and provide a certified copy of the physical measurement report, field book, and exact boundary demarcations of the Petitioner's land acquired out of the collective 0.1325 Hectare in Khata 35 and khesra 156.
ii. Issue a Writ of Certiorari to quash and set aside the arbitrary valuation and agricultural classification applied to the Petitioner's property in the compensation award dated 07.06.2025, as the said classification is factually incorrect and ignores the high-value commercial status of the land situated adjacent to National Highway 19.
iii. Issue a Writ of Mandamus directing the Respondents to re-calculate the Petitioner's compensation based on the prevailing Commercial Market Value, incorporating all mandatory statutory benefits, including 100% Solatium and 12% Additional Compensation/Interest as per the mandate of the National Highways Act and Supreme Court precedents, and to pay the outstanding balance after adjusting the 1,52,764.00 already disbursed.
iv. Direct the Respondents to award additional damages and compensation for the diminution of profits and loss of mesne profits suffered by the Petitioner during the ten-year period between the Gazette Notification (17.01.2014) and the actual commencement of work and payment in 2025.
v. Pass any other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case, in the interest of justice, equity, and good conscience.”
3. Mrs. Shashi Priya, learned counsel appearing on behalf of the petitioner submitted that the husband of the petitioner has purchased 16 decimal of land as described in the sale deed dated 15.06.1990 jointly executed by three vendors, namely, Sunil Kumar, Devsharan Mehta and Shiv Sharan Mehta. She further submitted that the land was mutated in the name of the husband of the petitioner who subsequently on 03.05.1995 executed the gift deed in favour of the petitioner Maya Sinha. It is informed by learned counsel that the land was acquired by NHAI for construction of six lane road from Aurangabad to Barwa Adda and without issuing notice to the petitioner who came into possession and title over the Khata No. 35, Khesra No. 156, measuring area 0.1325 Hectare vide a gift deed executed by her husband. Regarding acquisition of the said land, the petitioner was fo