1. Heard learned Senior counsel for the petitioner, learned counsel appearing on behalf of the NHAI and the learned AC to SC-7 for the State.

2. The learned Senior counsel for the petitioner, who has joined through virtual mode, submits that the instant writ application has been filed seeking following reliefs:-

Patna High Court CWJC No.4771 of 2025(3) dt.15-07-2025 3/11 No.230 and Sl. No.239 have been declared to be agricultural as the very basis of the finding was the assessment by the Six-Man Committee which has already been set aside by the Respondent Divisional Commissioner, Munger vide Order dated 18.02.2023 passed in Land Acquisition Case No. 05/2021 as the same was not in accordance with law;

(iv) For directing the Respondent Authorities to make payment of compensation to the Petitioner for the land, under the category of Residential land as per the Minimum Value Register (hereinafter referred to as MVR) issued vide Departmental Letter No.5275 dated 16.12.2015, which has been acquired for National Highway No.80 as per Notification dated 11.01.2019 published in Extraordinary Gazette of India dated 12.01.2019 of Mauja Karhariya Thana 27 in Munger District as the Respondents have refused to do it in accordance with the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as RFCTLARR Act );

(v) For issuance of writ of mandamus for directing the Respondents to pay adequate, reasonable and justified compensation for his land acquired by National Highway Authorities for construction of NH-80;

(vi) For issuance of writ of mandamus Patna High Court CWJC No.4771 of 2025(3) dt.15-07-2025 4/11 for directing the Respondents to apply the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as RFCTLARR Act, 2013 ) and pay interest on the amount of compensation @ 12% and the market value of the land from the date of land acquisition under Section 3D(3) on 12.01.2019, i.e., the date of Notification in the Extraordinary Gazette of India till the date of payment of compensation of the land of the Petitioner acquired by the Respondent Authority."

3. The learned Senior counsel for the petitioner next submits that apart from the relief claimed in the writ application, an I.A. No. 01 of 2025 has been filed assailing the order dated 25.10.2024 in Land Acquisition Case No. 05 of 2021 passed by the Divisional Commissioner, Munger whereby the inspection report dated 15.03.2024 has been approved and the previously determined compensation amount of Rs. 4,74,264/- and Rs. 12,20,755/- in connection with land bearing Khesra No. 3198 and 2120 has been affirmed.

4. The learned Senior counsel for the petitioner submits that the land of the petitioner at Mauza Karhariya, Thana No. 27 was acquired by the NHAI for construction of National Highway 80 named as Munger Mirza Chowki Four Patna High Court CWJC No.4771 of 2025(3) dt.15-07-2025 5/11 Lane. It is submitted that 0.087 hectares and 0.435 hectares of land of the petitioner was acquired as mentioned at Serial No. 230 and 239 of the notification issued by the NHAI under Section 3D of the NH Act, 1956. It is submitted that the land at Serial No. 239 was owned equally by the petitioner and his uncle, as such the share of the petitioner's land acquired by the authorities was 0.2175 hectares at Serial No. 239, hence, the total land of the petitioner acquired for the aforesaid project was 0.3045 hectares i.e. 0.087 + 0.2175 = 0.3045 i.e. 75.25 decimals. It is submitted that after acquisition of the land of the petitioner, the petitioner was issued notice dated 03.01.2021 (Annexure- P/4) and notice dated 13.01.2021 (Annexure- P/5) under Section 3G(3) of the NH Act. It is submitted that from perusal of the notice dated 03.01.2021, it would manifest that Award No. 15/13 was prepared and the amount of compensation fixed was Rs. 4,74,264/- and from perusal of the notice dated 13.01.2021, it would manifest that Award No. 15/97 was prepared and the amount of compensation fixed was Rs. 12,20,755/-.

5. It is next submitted by the learned Senior counsel appearing on behalf of the petitioner that petitioner being aggrieved by the award filed Land Acquisition Case No. 05 of 2021 in the Court of Divisional Commissioner, Munger. The Patna High Court CWJC No.4771 of 2025(3) dt.15-07-2025 6/11 Divisional Commissioner, Munger in Land Acquisition Case No. 05 of 2021 passed an order dated 18.04.2023 wherein it was recorded that the six men committee report formed for the assessment does not contain signature of all six persons as recorded in Land Acquisition Case No. 76 of 2022, as such, a fresh committee be formed and on the basis of earlier recorded photographs, video and google map, a fresh recommendation be made for assessment of value of the land acquired and thereafter the same be published in newspaper in accordance with Section 3G of the NH Act within a period of one month. It is submitted that the petitioner, being aggrieved by the award, had moved before the Divisional Commissioner, Munger seeking enhancement of the compensation, but the Divisional Commissioner instead of deciding the issue passed an order dated 18.04.2023 wherein based on an order passed in Land Acquisition Case No. 76 of 2022, passed the aforesaid order dated 18.04.2023. It is submitted that Land Acquisition Case No. 05 of 2021 was thus disposed of by an order dated 18.04.2023 (Annexure- P/6). It is next submitted that in pursuance of the order dated 18.04.2023 in Land Acquisition Case No. 05 of 2021 passed by the Divisional Commissioner, Munger, a fresh assessment with regard to the nature and Patna High Court CWJC No.4771 of 2025(3) dt.15-07-2025 7/11 description of the land acquired was made by six men committee and the committee submitted its inspection report dated 15.03.2024 (Annexure- P/7). It is next submitted that the Committee did not issue any notice to the petitioner before holding a physical inspection of the acquired land, as such, the physical verification of the site on 15.03.2024 was conducted behind the back of the petitioner in complete violation of the provisions of law. It is also submitted that the land was acquired in the year 2019 and the project was completed by 2022, as such, it absolutely does not stand to reason that when the land was not available for verification then on what basis, the verification was made by the six men committee. It is submitted that physical verification was made based on earlier recorded photographs, video and google map, as directed by order dated 18.04.2023 in Land Acquisition Case No. 05 of 2021 and that too behind the back of the petitioner. It is submitted that the order dated 18.04.2023 passed by the Divisional Commissioner, Munger in Land Acquisition Case No. 05 of 2021 was without jurisdiction as the compensation had to be decided in terms of Section 3G of the NH Act and not by constituting a six men committee for making physical verification when the acquired land was not in existence, as the same was utilized for the Patna High Court CWJC No.4771 of 2025(3) dt.15-07-2025 8/11 project, hence provision of Section 3A of the NH Act could not have been revisited.

6. The learned Senior counsel appearing on behalf of the State, at this stage, submits that the petitioner did not challenge the order dated 18.04.2023 passed in Land Acquisition Case No. 05 of 2021 rather allowed the order to take effect in pursuance whereof report dated 15.03.2024 was submitted. It is further submitted that the writ application does not plead that as to when the petitioner came to know about the report dated 15.03.2024 as the instant writ application came to be filed in the year 2025.

7. The learned Senior counsel appearing on behalf of the petitioner rebuts the said submission of the learned counsel appearing on behalf of the State and submits that the instant writ application has been filed assailing the order passed by the Divisional Commissioner, Munger dated 18.04.2023 and 25.10.2024 in Land Acquisition Case No. 05 of 2021 on the ground that both the orders were passed in breach of the law. It is submitted that Land Acquisition Case No. 05 of 2021 was disposed of by an order dated 18.04.2023, but then from perusal of the order dated 25.10.2024 (Annexure- P/9 to the I.A. application), it would manifest that the same falsely records that Patna High Court CWJC No.4771 of 2025(3) dt.15-07-2025 9/11 Advocate on behalf of the petitioner had appeared on 15.10.2024, 24.10.2024 and 25.10.2024 and in presence of the learned counsel appearing on behalf of the petitioner, the order dated 25.10.2024 in Land Acquisition Case No. 05 of 2021 was passed. It is submitted that since Land Acquisition Case No. 05 of 2021 was already disposed of by an order dated 18.04.2023, as such, there was no occasion for the petitioner for reopening the said case, rather the petitioner would have moved before the Divisional Commissioner, Munger again assailing the report. It is also submitted that the aforesaid award prepared in the name of the petitioner was subject to the result of six men committee report and the Divisional Commissioner, Munger without presence of the counsel on behalf of the petitioner falsely recorded that counsel on behalf of the petitioner had appeared in the case on the aforesaid dates. It is next submitted that petitioner was not aware about passing of the order dated 25.10.2024 in Land Acquisition Case No. 05 of 2021 and it was only when the petitioner came to know about the order, filed the instant writ application.

8. The learned State counsel, at this stage, submits that since award prepared in the name of the petitioner by the Land Acquisition Officer stands affirmed by the Divisional Patna High Court CWJC No.4771 of 2025(3) dt.15-07-2025 10/11 Commissioner, Munger in Land Acquisition Case No. 05 of 2021 by his order dated 25.10.2024, in that event the only remedy, the petitioner has to assail the order dated 25.10.2024 under Section 34 of the Arbitration and Conciliation Act, 1996, on which the learned Senior counsel appearing on behalf of the petitioner submits that had the petitioner been made aware of the order dated 25.10.2024 in Land Acquisition Case No. 05 of 2021 passed by the Divisional Commissioner, Munger in that event the petitioner would have assailed the said order before an appropriate forum, but since the order dated 25.10.2024 was not in knowledge of the petitioner, hence the instant writ application was filed alleging that the Divisional Commissioner, Munger suo motu reopened Land Acquisition Case No. 05 of 2021 without any prayer made in that behalf by the petitioner or his counsel.

9. The learned State counsel and the learned counsel appearing on behalf of the NHAI seeks four weeks' time for filing counter affidavit.

10. Put up this case on 18.08.2025.

11. The counter affidavit shall be sworn by the Divisional Commissioner, Munger.

Patna High Court CWJC No.4771 of 2025(3) dt.15-07-2025 11/11

12. The counter affidavit shall give para-wise reply of the pleadings made in the writ application and I.A. No. 01 of 2025.

13. The counter affidavit with clarity shall plead that whether any lawyer on behalf of the petitioner appeared on 15.10.2024, 24.10.2024 and 25.10.2024 in Land Acquisition Case No. 05 of 2021 or not, if Yes, then whether any appearance/Haziri was filed on behalf of the learned lawyer appearing on behalf of the petitioner or not.

14. The I.A. No. 01 of 2025 is allowed for consideration.

(Satyavrat Verma, J) Rishabh/-