Tukaram Kisan Landge v. The Union Of India Through The Secretary And Ohers

( 1 ) 907 wp 4225.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 WRIT PETITION NO.4225 OF 2023 NAGNATH KISAN LANDGE

VERSUS

THE UNION OF INDIA THROUGH THE SECRETARY AND OTHERS AND 908 WRIT PETITION NO.4228 OF 2023 TUKARAM KISAN LANDGE

VERSUS

THE UNION OF INDIA THROUGH THE SECRETARY AND OTHERS ...

Advocate for Petitioners : Mrs. Kulkarni (Mahajan) Snehal P. AGP for Respondents/State : Mr. S.B. Yawalkar Advocate for R/1 to 3 in WP/4225/23 : R.B. Bhosale Advocate for R/UOI - 1, 2 & 4 in WP/4228/23 : Mr. A.N. Patale ...

CORAM : RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ.

DATE : 20th June, 2023 P.C. :- 1.

In both these petitions, the Petitioners have put-forth a common prayer in terms of clause-A which reads as under: "A.

By issuing writ of Mandamus or any other writ, order or directions, this Hon'ble Court may be pleased to direct respondents to follow the law laid down by Constitutional Bench of Hon'ble Supreme Court in case of Sunder Vs Union of India reported in (2001) 7 SCC 211 and to pay interest on component and solatium for acquired land and also be pleased to direct respondents to pay amount of compensation without applying slabs."

( 2 ) 907 wp 4225.23 2.

The learned advocates representing Respondent Nos.1, 3 and 4 submit that the Arbitrator has already delivered an order on 23.03.2019 in both these matters. The Petitioners will have to challenge the said orders by availing of a statutory remedy.

3.

In view of the above, these petitions are disposed off with liberty to the Petitioners to avail of the statutory remedy. In the event there is a delay and if there is a provision for condonation of delay, the time spent by the Petitioners in this Court from 17.01.2023 till the passing of this order, shall be considered as a good ground.

[Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub