Patna High Court Quashes 'Blank' NHAI Notice Over Highway Land Acquisition, Imposes ₹5,000 Costs For 'Irresponsible' Action
The Patna High Court has quashed a blank notice issued by the National Highways Authority of India (NHAI) to a landowner in connection with land required for construction of National Highway-527C, terming the manner in which it was issued “irresponsible”. The Court also imposed costs of ₹5,000 on the NHAI for the mental agony caused to the petitioner, while permitting the authority to recover the amount from the erring official after fixing responsibility.
A Single Judge Bench of Justice Rajiv Roy directed the NHAI to issue a proper notice and thereafter jointly demarcate the petitioner's unacquired land along with the petitioner and the State authorities.
The petitioner approached the High Court seeking demarcation of the portion of his land that had not been acquired for construction of NH-527C (Majhauli–Choraut State Highway). He also sought a direction restraining the authorities from demolishing constructions standing on the unacquired portion of his land before such demarcation.
According to the petitioner, while a portion of his land had been acquired for the highway project, he had subsequently raised construction on the remaining, unacquired land. He contended that he had recently received a notice from the NHAI threatening action, but the notice did not contain any letter number, date, land details or even the extent of land to which it related.
During the hearing, both the State and the NHAI fairly acknowledged that the communication could not be treated as a valid notice. Expressing surprise at the manner in which the notice had been issued, the Court observed:
“A bare look on the notice would reflect that it has been sent by the Clerks sitting in the office inasmuch as no date, number, details of the land is/are available. In fact, not a single column is filled save and except the digital signature of the officer.”
Holding that such a notice could not be sustained, the Court quashed the undated and unnumbered communication.
The Court, however, granted liberty to the NHAI to issue a fresh and proper notice in accordance with law. It further directed that after issuance of such notice, the petitioner, the State authorities and the NHAI should jointly fix a date for demarcation of the petitioner's unacquired land.
Taking note of the inconvenience caused to the petitioner, the Court held that he deserved compensation for the mental agony suffered on account of the defective notice. Accordingly, it imposed costs of ₹5,000 on the NHAI, directing that the amount be paid to the petitioner within four weeks. The Court further clarified that the NHAI would be at liberty to recover the amount from the official responsible after fixing responsibility in accordance with law.
Case Title: Ramanand Singh v. State of Bihar and Ors.
Case Number: Civil Writ Jurisdiction Case No. 10512 of 2026.
Appearance: Mr. Nachiketa Jha and Mr. Ankur Agraj for the Petitioner. Government Pleader for the Respondents. Dr. Maurya Vijay Chandra and Ms. Preety Ranjan for the NHAI.