Patna High Court - Orders
Prince Kumar Mishra (Nh-227A- Ram Janki ... vs The Union Of India on 23 March, 2026
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3270 of 2022
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Prince Kumar Mishra (NH-227A- Ram janki Marg ( Siwan- Masarakh
Section) Pkg-1) Son of Awadhesh Narayan Mishra Resident of Village -
Bharpurwa, P.O. - Bharpurwa, P.S. - vijayeepur, District- Gopalganj.
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Department of Ministry of Road
Transport and Highway Authority of India, New Delhi.
2. The Secretary, Department of Ministry of Road Transport and Highway
authority of India, New Delhi.
3. The National Highway Authority Through its Chairman.
4. The Additional Chief Secretary, Road Construction Department,
Government of Bihar, Patna.
5. The District Magistrate, Saran.
6. The District Magistrate, Siwan.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Prince Kumar Mishra ( In Person )
For the NHAI : Dr. K.N. Singh, ASG
Dr. Maurya Vijay Chandra, Adv.
Mr. Gaurav Govind, Adv.
Mr. Shiv Aditya Dhari Sinha, Adv.
Ms. Preety Ranjan, Adv.
For the State : Mr. Anjani Kumar, AAG 4
Mr. Alok Rahi, AC to AAG 4
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
20 23-03-2026Perused the order dated 13.02.2026.
2. The respondent nos. 2 and 3 have filed Patna High Court CWJC No.3270 of 2022(20) dt.23-03-2026 2/6 supplementary counter affidavit wherein it is stated as follows:
"1. That the instant Supplementary Counter Affidavit is being filed pursuant to order of this Hon'ble Court dated 13.02.2026 giving status report of the work in the project. It is submitted that the aforesaid road passes through Siwan District and Saran District. The summary of the Project is as follows:
S. Particulars Date
No.
1. Name of the Construction and Upgradation of Four
Project Lane from Siwan (Design Ch. 4+217)
to Mashrakh (Design Ch. 50+123) of NH-227 A including Construction of Four Lane Tanrwa/Siwan Bypass (Km. 0+000 to Km. 4+217) of NH- 531 under Backward Area/ Religious/Tourist Places (BRT) Scheme in the State of Bihar on HAM Mode (Ram Janki Marg)
2. Name of the M/s MEIL Siwan Mashrakh Concessionaire Roadways Private Limited
3. Length 50.123 kms
4. Length Completed 0 kms (BC)
5. LOA Date 29.12.2022
6. Appointed Date 20.11.2024 /Start Date
7. Schedule 19.11.2026 Completion Date
8. Likely Date of 31.12.2027 (EOT under process) Completion
9. Physical Progress 9%
10. Financial Progress 9%
2. That it is submitted that key issues relating and hindrances relating to execution of work, as informed by the Concessionaire are mentioned herein below:
Siwan District: (44.512 Kms length)
3. That it is submitted that 44.512 kms out of total 50.123 kms of stretch passes through Siwan District. As submitted by the contractor, there is hindrance of about 4.8 kms in parts spread over the entire project length in Siwan District on the stretch by the raiyats due to non-disbursement of compensation and pending court cases. The details of the hindrances for District Siwan are tabulated below for ready reference:
Patna High Court CWJC No.3270 of 2022(20) dt.23-03-2026 3/6 S.N Issue Details Comments o.
1. Disburse 1) 3A- 14.01.2021 CALA Siwan ment of 2) 3D- 30.06.2021 & 12.01.2022. needs to expedite Compens 3) Total 3G approved = Rs. 467.92 Cr the disbursement ation (ii) Limit (offline / Bhoomirashi Portal) provided to CALA till date = Rs. 467.92 Cr.
(iii) Disbursement till date = 330.00 Cr. Limit is provided as the payment is being done through Bhoomirashi portal after complete documents are uploaded by raiyats and verified by CALA.
2. Land Hindrances on account of non-disbursement of compensation CALA Siwan Encroach and pending court cases. needs to expedite ment the disbursement S.No Chainage Affected & District length Administration to
1. Km. 7+580 to Km. 8+430 850m provide
2. Km. 9+900 to Km. 9+90 30m administrative
3. Km. 9+950 to Km. 9+970 20m support wherever
4. Km. 15+430 to Km. 15+450 20m & whenever
5. Km. 15+670 to Km. 15+880 210m
6. Km. 15+990 to Km. 16+130 140m required.
7. Km. 16+420 to Km. 16+550 130m
8. Km. 19+100 to Km. 19+150 50m
9. Km. 19+990 to Km. 20+000 10m
10. Km. 20+900 to Km. 20+990 90m
11. Km. 21+030 to Km. 21+180 150m
12. Km. 21+800 to Km. 21+840 40m
13. Km. 22+750 to Km. 22+770 20m
14. Km. 24+350 to Km. 24+370 20m
15. Km. 26+860 to Km. 26+910 50m
16. Km. 28+950 to Km. 29+750 800m
17. Km. 29+938 to Km. 29+860 22m
18. Km. 30+400 to Km. 30+450 50m
19. Km. 30+800 to Km. 30+820 20m
20. Km. 31+720 to Km. 31+790 70m
21. Km. 34+117 to Km. 34+157 40m
22. Km. 34+700 to Km. 34+750 50m
23. Km. 35+384 to Km. 35+500 116m
24. Km. 35+500 to Km. 35+600 100m
25. Km. 35+600 to Km. 35+697 97m
26. Km. 35+750 to Km. 35+760 10m
27. Km. 36+817 to Km. 36+957 140m
28. Km. 42+817 to Km. 43+167 350m
29. Km. 43+100 to Km. 43+800 700m
30. Km. 44+017 to Km. 44+217 200m Total 4.868 km
4. That the District Administration in co-ordination meetings with the District Magistrate has been apprised of the hindrances and requested to provide police force. The District Administration has assured to provide the same on request basis.
Saran District:
5. That it is submitted that 5.611 kms out of total 50.123 kms of stretch lies within Saran District. It is submitted that possession of entire length of 5.611 kms has been provided by District Administration with support of Police Force. However, there is hindrance of about 300 mts due to existence of structures are being removed. The status of disbursement for Saran District is tabulated below for ready reference:
Patna High Court CWJC No.3270 of 2022(20) dt.23-03-2026 4/6 S.No. Issue Details Comments
1. Disbursem (1) 3A publication SO no 2597 (E) CALA ent of dated 04/08/2020 Saran Compensa (2) 3D publication SO No. 218E needs to tion dated 13/01/2021 expedite
(i) Total 3G approved = Rs. 27.83 the Cr. disburseme
(ii) Limit provided to CALA= Rs. nt 27.83 Cr.
(iii) Disbursement till date = about 18.20 Cr.
6. That it is submitted that after the meeting held on 24.01.2026 the concessionaire has been reminded to expedite the work to comply with the project timeline and milestones prescribed under the agreement. Directions are given to the concessionaire to provide sufficient machineries, plants and equipment at site for timely completion of the project."
3. After perusing the slow physical progress of the work, when we made a query to the learned Senior Counsel appearing for the National Highways Authority of India (NHAI), he apprised this Court by pointing out letter dated 12.02.2026 of the NHAI, which is annexed to the said supplementary counter affidavit, that the Concessionaire has failed to comply with its contractual obligations, despite repeated written requests/notices by the Authority and Independent Engineer. The Concessionaire has completely slowed down the execution of the project as a result of which serious prejudice is being caused to the timely completion of the project. It is further stated that there has been consistent failure on the part of the Concessionaire in compliance with the Patna High Court CWJC No.3270 of 2022(20) dt.23-03-2026 5/6 obligations of the Concession Agreement and the Concessionaire has breached on various fronts under the Concession Agreement, inter alia, non-achievement of Project Milestone-I & II.
4. After hearing the learned Senior Counsel for the NHAI and going thorough the supplementary counter affidavit filed today and also the letter dated 12.02.2026 issued by the DGM(T) Project Director PIU-Chhapra to the Concessionaire, we feel it necessary to seek response from the Concessionaire regarding the slow physical progress of the project work.
5. Learned Senior Counsel for the NHAI stated that he will intimate the order passed today to the said Concessionaire so that necessary affidavit can be filed by the next date.
6. In terms of the order of this Court, a supplementary counter affidavit has also been filed on behalf of the respondent no. 5, i.e. the ADLAO, Saran, wherein at paragraph-6 it is quoted as follows.
"6. That, in compliance of the said order the present status regarding the stage of acquisition, compensation, distribution and delivery of possession of land of said project namely NH 227.A (Siwn-mashrakh Ram Janki Marg) Pkg 1 are as follows:-
• Total Village 8 (Chainpur, Mathiya, Kishunpura, Deoriya, Dumduma, Bahrauli, Durgouli and Banshohi) • 3A dated:-15.08.2020, • 3D dated: 04.02.2021, • Area to be acquired :-22.964 hec, • 3G estimate sent date:-17.01.2022, Patna High Court CWJC No.3270 of 2022(20) dt.23-03-2026 6/6 • 3G sanctioned amount hand limit provided:-27cr • Disbursement till date:-17.52cr • Total awardees-541 • Payment done-282 • Important event and achievement:-
➤ In the direction of Collector, Saran, payment is being done in camp mode and it is organizing every week.
➤In this expedition period total payment application have been received which payment is under process. possession of all 8 Village has been already handed over of NHAI Motihari."
7. Learned Senior Counsel for the NHAI submits that there is, as such, no big issue so far Saran District is concerned regarding progress of the work. However, no affidavit has been filed for Siwan District.
8. Learned Senior Counsel for the State has submitted that by the next date such affidavit shall be filed for Siwan District.
9. List this matter on 17.04.2026.
(Sangam Kumar Sahoo, CJ) ( Harish Kumar, J) Anjani/-
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