Authority: High Court of Judicature at Patna

Order Date: 07-07-2026

Case Overview

  • Petitioner: Brajesh Chandra Mishra, son of Shri Ramesh Chandra Mishra, resident of Ravi Kunj, Navratan Hata, Purnia, Bihar (Pincode‑854301).
  • Respondents:

1. The Regional Officer, Regional Office, National Highways Authority of India (NHAI), Patna.

2. The Project Manager, NHAI, Kishanganj‑Purnea.

3. The State of Bihar through Commissioner, Purnea.

4. The State of Bihar through District Magistrate, Kishanganj.

5. The Competent Officer‑cum‑District Land Acquisition Officer, Kishanganj.

  • Legal Representation:

Petitioner: Mr. Saurabh Bishwambhar, Advocate.

Respondents: Government Pleader (07).

NHAI: Mr. Rajesh Kumar Shandilya, Advocate; Mr. Sanjiv Kumar, Advocate; Ms. Ankita Kumari, Advocate.

  • Nature of Proceeding: Petition under Civil Writ Jurisdiction (Case No. 7702 of 2026) seeking certiorari, mandamus, and other reliefs to quash a notice demanding vacating land and to obtain a humane time‑frame for vacating.
  • Background:
  • The dispute arises from the construction of the Green Field Expressway (Kishanganj‑Bahadurganj Section, Package‑3) and relates to Land Acquisition Case No. 22‑26‑2022.
  • Petitioner’s land details: Khata No. 63; Khesra No. 3386; area 0.1370 decimal; Thana No. 56, Mauza‑Singhari, District Kishanganj.
  • Petitioner operates a Mahindra automobile workshop on the land.
  • Compensation was received, and the Arbitrator‑cum‑Divisional Commissioner of Purnea division ruled in his favour on 08‑04‑2026/10‑04‑2026; no challenge by respondents.
  • On 09‑05‑2026, District Land Acquisition Officer issued Notice No. 1674 ordering the petitioner and others to vacate within 48 hours, threatening further action.
  • Petitioner contended that the statutory 60‑day period under Section 3‑E‑(1) of the National Highway Act, 1956, was not observed and requested additional time for dismantling workshop machinery.
  • Counsel Submissions:
  • Petitioner's counsel acknowledged the notice date and that the 60‑day period had elapsed by the hearing date (07‑07‑2026) but argued for additional time due to practical difficulties.
  • State counsel (Mr. Vivek Prasad) emphasized project delays, payments already made, and that the petitioner should have vacated after receiving compensation, but was open to granting extra time if petitioner is willing to vacate promptly.
  • NHAI counsel echoed the state’s position.

Final Outcome

  • The Court observed that delay tactics by landholders impede project timelines in Bihar.
  • Accepting the petitioner’s undertaking, the Court permits vacating the land and removing the workshop machinery by 31 July 2026 at the latest.
  • It is expressly clarified that if the petitioner fails to comply, the respondents may take immediate possession of the land effective 1 August 2026 and recover costs incurred due to illegal occupation.
  • The writ petition is consequently disposed of.

Topics: Land Acquisition, Infrastructure Project