Patna High Court Quashes Jamabandi Cancellation in Ganga Highway Land Dispute

By admin

June 18, 2025

Simplified Explanation of the Judgment

The Patna High Court recently delivered an important verdict involving a land dispute tied to the construction of the Ganga Highway (from Digha to Didarganj). The petitioner, a raiyat (landholder), had challenged the cancellation of his land record (Jamabandi) on the ground that it was done arbitrarily to deny him compensation for the proposed land acquisition.

The dispute began when the Bihar government, for the Ganga Driveway project, identified 129.93 acres of land in Sabalpur, Sonepur Circle, Saran district. While 88.99 acres of government land were handed over to the Road Construction Department, the remaining 40.24 acres were under private claims. A total of 131 individuals claimed ownership. Upon verification, the Deputy Collector Land Reforms found that many of these claims were either forged or unverifiable. The petitioner’s Jamabandi fell under this scrutiny.

Initially, the Additional Collector canceled the petitioner’s Jamabandi without hearing him. This was set aside by the District Magistrate, who reinitiated the hearing and again canceled the Jamabandi after allowing the petitioner to appear.

However, the High Court found that the District Magistrate did not have the authority under Section 9 of the Bihar Land Mutation Act, 2011, to cancel a Jamabandi. Only the Additional Collector can exercise that power. Moreover, the Court reiterated that due process and natural justice must be followed in such cases.

Consequently, both the previous orders (by the Additional Collector and the Collector) were quashed. The Court remanded the matter back to the Additional Collector with directions to provide all parties a fair hearing and decide within three months.

Significance of the Judgment

This judgment is a major affirmation of landowners’ rights in the context of government acquisitions. It reinforces the requirement of lawful authority and fair procedure, protecting citizens from arbitrary actions that could lead to loss of property without due compensation.

For common people, this ensures:

Proper hearing before cancellation of Jamabandi.
Protection against forcible acquisition without legal backing.
Assurance of rightful compensation under due process.

For the government, the ruling is a reminder to follow procedural safeguards in land-related decisions to avoid judicial setbacks.

Legal Issues and Decision

Whether the District Magistrate can cancel Jamabandi?

No. Only the Additional Collector has such power under Section 9 of the Bihar Land Mutation Act, 2011.
Were the orders of cancellation valid?

No. Both orders were quashed due to lack of jurisdiction and procedural lapses.
What was directed by the Court?

The matter was remanded to the Additional Collector for a lawful and reasoned decision within three months.