Authority: High Court of Judicature at Patna

Order Date: 07-07-2026

Case Overview

  • Petitioner: Sanjeev Kumar, son of Late Nageshwar Sah, resident of Pakari Pakohi, Karja PS, Muzaffarpur District.
  • Respondents: (1) Union of India through Principal Secretary, Ministry of Road Transport and Highways; (2) Chairman, National Highway Authority of India (NHAI); (3) Collector, Muzaffarpur; (4) District Land Acquisition Officer (DLAO), Muzaffarpur; (5) Circle Officer, Marwan Circle, Muzaffarpur.
  • Relief Sought: A writ of mandamus directing the respondents to construct a new Lord Shiva temple on Plot No. 653 (area 3 decimal) in Mauza Pakohi Khas, where bhumi pujan was performed in 2015, and to do so before demolition of the old temple; also to prevent any hindrance to construction.
  • Land Details: Khata No. 151; Khesra No. 662; Area 0.56 decimal; Mauza Pakohi Khas; Anchal Marwan; District Muzaffarpur.
  • Background: In 1984 NHAI proposed a four‑lane NH‑77 (Hajipur‑Muzaffarpur). The petitioner claims a notice dated 26‑04‑2010 was issued to his grandfather, compensation was received for land, but compensation for the temple structure was never provided. He alleges the project contractor had assured temple construction, which was later ignored.
  • Compensation Notice: DLAO issued a notice on 12‑06‑2023 informing the petitioner of a compensation amount of Rs 366,200 for the temple land. The petitioner did not appear to accept the amount.
  • Counter‑Affidavits: Respondents 3‑5 filed a counter‑affidavit dated 04‑12‑2024. Key points:
  • Letter No. 1403 dated 26‑06‑2023 from DLAO to NHAI Chapra sought clarification on the petition.
  • NHAI Project Director replied (Letter No. 2023/673) stating the Project Implementation Unit had no information on temple construction; the earlier concessionaire Associates JV Ashok Kumar was terminated by M/s Patna Highway Project Limited on 02‑12‑2022, rendering any prior assurances non‑binding.
  • A spot‑enquiry report (01‑07‑2023) from Departmental Kanoongo indicated the old Shiva temple is on Khesra No. 4178, a PWD road, not on Khesra 662/656 as alleged.
  • Panchayat No. 11 prepared Rs 367,200 for land bearing Khata No. 1070, Khesra 4178 (LA case No. 18/2021‑22). A notice (Letter No. 387 dated 12‑06‑2023) required the petitioner to appear on 22‑06‑2023 to receive compensation; he failed to appear, and the matter was referred to the District & Session Judge (Letter No. 1503 dated 06‑07‑2023).
  • A three‑member committee (Additional Collector, DLAO, Land Reforms Deputy Collector) submitted a report on 21‑10‑2024 confirming the earlier findings.
  • NHAI Affidavit (16): An authorized surveyor’s report concluded the temple is situated on plot 4178 (government PWD road), therefore compensation for the structure is not appropriate, and the matter is transferred to the District Court.
  • Petitioner’s Position: He is not interested in monetary compensation, having allegedly received it decades ago, and insists on construction of the temple based on earlier contractor assurances.
  • State Counsel’s Argument: The writ is frivolous; the petitioner has already received compensation and cannot compel the authorities to build a temple.
  • Procedural Note: The petitioner has not filed any reply to the counter‑affidavits filed in 2024.

Final Outcome

  • The Court held that the petitioner failed to rebut the respondents’ affidavits, had already accepted compensation, and therefore had no basis to compel construction of a temple.
  • The petition was declared frivolous and dismissed with no cost awarded to either side.

Topics: Temple Construction, Land Acquisition, High Court Order