IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19292 of 2024 ======================================================

1. Ashok Rai @ Ashok Ray Son of Late Rajendra Ray Resident of Village and P.O. and P.S. and Dist.- Vaishali.

2. Ram Sunder Ray, Son of Late Ram Vilash Ray Resident of Village and P.O.

and P.S. and Dist.- Vaishali.

3. Rajkishore Ray, Son of Late Diplal Ray Resident of Village and P.O. and P.S. and Dist.- Vaishali.

... ... Petitioner/s Versus

1. The Union of India through the Secretary, Ministry of Road Transport and Highways.

2. The Chief General Manager, National Highway Authority of India, Regional Office, Patna.

3. The Regional Director, National Highway Authority of India, Regional Office, Patna.

4. The Project Director, National Highway Authority of India, Motihari.

5. The District Land Acquisition Officer, Muzaffarpur.

6. The District Magistrate, Muzaffarpur.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Sunil Kumar, Advocate For the State : Mr. Amit Bhushan, AC to GP-17 For the NHAI : Dr. Maurya Vijay Chandra, Advocate Mr. Gaurav Govinda, Advocate Ms. Preety Ranjan, Advocate For the UOI : Mr. Arun Kumar Satyamurti, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

7 13-03-2026 Heard Mr. Sunil Kumar, learned counsel for the petitioners, Mr. Amit Bhushan, learned State counsel and Dr. Maurya Vijay Chandra for the National Highway Authority of India (for brevity, ‘the NHAI’)

2. The present petition has been preferred for the following relief(s):

“for issuance of a writ in the nature of writ of Certiorari quashing Notification No. S.O. 2724(E) dated 14.06.2022, published in "Prabhat Khabar" and "Hindustan" by the competent authority of the Ministry of Road Transport and Highways, Government of India under sub-section (1) of Section 3A of the National Highways Act, 1956, in respect of the land of the petitioners bearing Khesara No. 233, 243, 245, 248, 249, 253, 254, 259, 260, 261 and 262 situated at Manikpur village by which the NHAI has acquired the entire area of their lands by altering in the earlier alignment/Map in favour of "Blue Lotus Hotel" to benefit the owner thereof whose small part of the property would be acquired if the original alignment is executed for the purpose of construction, maintenance, management of four- lane National Highway between Patna-Sahebganj corridor- Adalwari-Manikpur section (Starting at Bakarpurhat NH-19 Bypass and ending at Manikpur) in the stretch of land from Km. 0 (Bakarpurhat) to Km.38.646 (Manikpur) in the district of MUZAFFARPUR in the state of BIHAR in pursuance of Notification No. 2456(E) dated 22nd June 2021 and further issuance of a writ in the nature of writ of Mandamus directing the respondents to construct/build-up the four-lane road in accordance with the earlier Survey and measurement done in pursuance of Notification No. 2456(E) dated 22nd June 2021. And/or pass such other order or orders, directions to which the petitioners are entitled.”

3. The details of the land has been incorporated in prayer portion itself, as recorded above which is under Manikpur Village in the District of Muzaffarpur.

4. The Ministry of Road Transport and Highways (for brevity ‘the MOTH’) came up with the notification dated 21.06.2021 which is for the maintenance, management and operation of the Bharat Mala Patna Sahebganj Corridor- Adalwari-Manikpur section starting at Bakarpurhat NH-19 bypass and ending at Manikpur

5. Parts of the aforesaid land of the petitioners were published in the said notification dated 21.06.2021 inviting objections from the date of publication of the notification under sub section 1 of the Section 3 of the National Highways Act, 1956 (henceforth for short, ‘the Act’).

6. The record shows that subsequently on 29.10.2021, ‘the MOTH’ came up with another notification to incorporate further lands of the land holders which i