Bhaya Bhimsing Pawara And Another v. The Union Of India Through The Deputy Secretary And Others

2025:BHC-AUG:19638-DB 1 WP / 8648 / 2025+Group

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 WRIT PETITION NO. 8648 OF 2025 MAHENDRAKUMAR JAMNADAS MEHTA THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS 911 WRIT PETITION NO. 8649 OF 2025 PANDHARINATH MAHARU MALI VE910RSUS 912 WRIT PETITION NO. 8650 OF 2025 ANIL JAVARILAL BAFANA 913 WRIT PETITION NO. 8651 OF 2025 LAJWANTIBAI DARSHANLAL KODWANI 914 WRIT PETITION NO. 8660 OF 2025 ANIL JAVARILAL BAFANA 915 WRIT PETITION NO. 8661 OF 2025 MADHUKAR SITARAM MALI 916 WRIT PETITION NO. 8664 OF 2025 ANIL JAVARILAL BAFANA 917 WRIT PETITION NO. 8665 OF 2025 ASHOK MANIK KHOPADE 918 WRIT PETITION NO. 8667 OF 2025 KAMALBAI MOTILAL MALI THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS

2 WP / 8648 / 2025+Group 919 WRIT PETITION NO. 8673 OF 2025 UMAKANT DATTATRAYA JOSHI DEAD THR LRS ANIL UMAKANT JOSHI ON BEHALF SATISH DATTATRAYA JOSHI AND OTHERS 920 WRIT PETITION NO. 8675 OF 2025 RAMESH ARJUN SONAWANE 921 WRIT PETITION NO. 8676 OF 2025 SHALIGRAM KAUTIK PATIL DIED THR LRS VIJAY SHALIGRAM PATIL AND OTHERS 922 WRIT PETITION NO. 8677 OF 2025 KAMALABAI SHIVAJI PATIL 923 WRIT PETITION NO. 8678 OF 2025 PANDIT VEDU MALI 924 WRIT PETITION NO. 8682 OF 2025 ANIL TOLARAM MALI 925 WRIT PETITION NO. 8683 OF 2025 DEVIDAS GYANIRAM MALI 926 WRIT PETITION NO. 8684 OF 2025 YUVRAJ AVACHIT MALI DIED THROUGH LRS BHARAT YUVRAJ MALI AND OTHERS THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS 927 WRIT PETITION NO. 8687 OF 2025 SANDIP ASHOKLAL JAIN

3 WP / 8648 / 2025+Group 928 WRIT PETITION NO. 8688 OF 2025 VIPIN RAJKUMAR BHASIN AND ANOTHER 929 WRIT PETITION NO. 8689 OF 2025 JAGDISH PRADHANMAL GALANI 930 WRIT PETITION NO. 8690 OF 2025 MANOHARLAL MULCHAND CHETIYA AND ANOTHER 910VERSUS 931 WRIT PETITION NO. 8691 OF 2025 DINESH BHASKAR SURYAWANSHI AND ANOTHER 932 WRIT PETITION NO. 8692 OF 2025 SUDAM SITARAM MALI 933 WRIT PETITION NO. 8693 OF 2025 VIJAY SAHEBRAO PATIL 934 WRIT PETITION NO. 8694 OF 2025 UMAKANT DATTATRAYA JOSHI DEAD THROUGH LRS ANIL UMAKANT JOSHI AND OTHERS ...

938 WRIT PETITION NO. 6686 OF 2025 BUDHA GANGAJI BHOI DECEASED THROUGH LRS DEVIDAS BUDHA DHOLE AND OTHERS 953 WRIT PETITION NO. 9114 OF 2025 SHANTARAM OMKAR PATKAR THE UNION OF INDIA THROUHG THE DEPUTY SECRETARY AND OTHERS;

4 WP / 8648 / 2025+Group 954 WRIT PETITION NO. 9115 OF 2025 PRAKASH BHAVARLAL SONI AND ANOTHER 955 WRIT PETITION NO. 9116 OF 2025 RAMA KASHIRAM DIED THR LRS INDUBAI RAMA BHIL AND OTHERS 956 WRIT PETITION NO. 9117 OF 2025 RAMDAS KESHAV MALI AND OTHERS 963 WRIT PETITION NO. 9125 OF 2025 ATUL LAXMAN VASAVE THE GOVT. OF INDIA THR THE DEPUTY SECRETARY AND OTHERS; 969 WRIT PETITION NO. 9132 OF 2025 RAGHUNATH BHAGWAN CHAUDHARI AND ANR THE UNION OF INDIA AND OTHERS;

971 WRIT PETITION NO. 9135 OF 2025 GORAJI MOGYA VASAVE DIED THR LRS KAMALBAI AND ANOTHER THE GOVT. OF INDIA THR THE DEPUTY SECRETARY AND OTHERS; 980 WRIT PETITION NO. 9148 OF 2025 TUKARAM SIDHAJI GAVALI THE UNION OF INDIA AND OTHERS;

981 WRIT PETITION NO. 9149 OF 2025 VISHRAM SHIVRAM CHALE 982 WRIT PETITION NO. 9150 OF 2025 DILIP MADHAV PANDAV 983 WRIT PETITION NO. 9151 OF 2025 SUBHASH DAYARAM PATIL 989 WRIT PETITION NO. 9158 OF 2025 ISMAL JALMA PAWARA

5 WP / 8648 / 2025+Group 992 WRIT PETITION NO. 9161 OF 2025 GAMA DINA PAWARA DIED THROUGH LRS DUNYA GALA PAWARA AND OTHERS 993 WRIT PETITION NO. 9162 OF 2025 TIKA DINA PAWARA DIED THROUGH LRS BHAVLAL BHAVSAING KASHIRAO PAWARA 1011 WRIT PETITION NO. 9194 OF 2025 RATILAL BHILJI PAWARA 1016 WRIT PETITION NO. 9199 OF 2025 RAGHUNATH BHAGWAN CHAUDHARI THE UNION OF INDIA AND OTHERS;

1019 WRIT PETITION NO. 9204 OF 2025 NIRMALABAI KANJI VASAVE THE GOV. OF INDIA THR THE DEPUTY SECRETARY AND OTHERS; 1022 WRIT PETITION NO. 9207 OF 2025 BHAYA BHIMSING PAWARA AND ANOTHER 1036 WRIT PETITION NO. 9221 OF 2025 MAGAN SHAMRAO MAHALE DIED THROUGH LRS SITABAI MAGAN MAHALE AND OTHERS 1037 WRIT PETITION NO. 9222 OF 2025 YATISH SUNIL CHAUDHARI AND ANOTHER 1038 WRIT PETITION NO. 9223 OF 2025 GULABRAO SHAMRAO MAHALE DIED THROUGH LRS PARVATABAI GULABRAO MAHALE AND OTHERS THE UION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS; 1041 WRIT PETITION NO. 3429 OF 2023 RAJU MANIK GAVALI

6 WP / 8648 / 2025+Group 1042 WRIT PETITION NO. 5105 OF 2023 MANIK KUSAJI GAVALI AND WRIT PETITION NO.5152 OF 2023 HARDAPSING CHANRANSING KHAIRA 1074 WRIT PETITION NO. 761 OF 2023 DURYYABAI KHUJEMA SAIFEE AND ANOTHER 1076 WRIT PETITION NO. 5954 OF 2023 SAKHARAM SIDDHAJI GAVALI THE UNION OF INDIA AND OTHERS;

...

945 WRIT PETITION NO. 9106 OF 2025 RAMRAO BALIRAM PATIL DIED THROUGH LRS PRAKASH RAMRAO BORSE AND OTHERS 946 WRIT PETITION NO. 9107 OF 2025 PRASHANT DATTATRAY AHIRRAO THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS 947 WRIT PETITION NO. 9108 OF 2025 KALPANA DILIP BHAMRE 948 WRIT PETITION NO. 9109 OF 2025 RAJENDRA YASHWANT PATIL THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS 950 WRIT PETITION NO. 9111 OF 2025 KARBHARI DAGA PATIL 951 WRIT PETITION NO. 9112 OF 2025 NIMBA NATHU PATIL

7 WP / 8648 / 2025+Group 952 WRIT PETITION NO. 9113 OF 2025 USHABAI BHARAT PATIL 957 WRIT PETITION NO. 9118 OF 2025 BHATU HIMMAT PATIL 960 WRIT PETITION NO. 9121 OF 2025;

NIMBA NATHU PATIL 964 WRIT PETITION NO. 9126 OF 2025 BAPU YASHWANT PATIL 965 WRIT PETITION NO. 9127 OF 2025 SURESH TRIYAMBAK PATIL 966 WRIT PETITION NO. 9128 OF 2025 KARBHARI DAGA PATIL 967 WRIT PETITION NO. 9129 OF 2025 PUSHPALATA ASHOK PATIL 968 WRIT PETITION NO. 9130 OF 2025 YASHWANT TRYAMBAK PATIL 970 WRIT PETITION NO. 9133 OF 2025 PRADIP MADHAVRAO VISPUTE 972 WRIT PETITION NO. 9140 OF 2025 SHINDHUBAI SHIVAJI PATIL 973 WRIT PETITION NO. 9141 OF 2025 ASHOK ZIPARU PATIL

8 WP / 8648 / 2025+Group 975 WRIT PETITION NO. 9143 OF 2025 LAXMIBAI YASHWANT VISPUTE THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS 976 WRIT PETITION NO. 9144 OF 2025 YASHWANT RAJARAM PATIL 977 WRIT PETITION NO. 9145 OF 2025 PRADIP SHIVSING PATIL 985 WRIT PETITION NO. 9153 OF 2025 DINESH VASANTRAO PATIL 997 WRIT PETITION NO. 9180 OF 2025 ASHOK ZIPARU PATIL 1008 WRIT PETITION NO. 9191 OF 2025 DILIP MADHAVRAO SONAR 1010 WRIT PETITION NO. 9193 OF 2025 CHARUDATTA POPATRAO PATIL 1018 WRIT PETITION NO. 9203 OF 2025 ESAK SHEKH RASHID TAMBOLI 1029 WRIT PETITION NO. 9214 OF 2025 LAXMIBAI SHANKARRAO PATIL 1031 WRIT PETITION NO. 9216 OF 2025 JOYTIKA PRADIP KAPADNIS ...

936 WRIT PETITION NO. 5989 OF 2021 LAXMAN BHADU CHUDHARI THE UNION OF INDIA AND OTHERS

9 WP / 8648 / 2025+Group 990 WRIT PETITION NO. 9159 OF 2025 VAKIL TRYAMBAK PATIL THE GOVT OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS; 991 WRIT PETITION NO. 9160 OF 2025 SWAPNIL PITAMBAR MAHALE AND ANOTHER 994 WRIT PETITION NO. 9176 OF 2025 DILIP BHAGWAN MISTERY DIED THROUGH LRS RANJANA BHAGWAN MISTERY AND OTHERS 996 WRIT PETITION NO. 9179 OF 2025 SHANTARAM RAMCHADNRA DHANGAR DIED SUSHILA SHANTARAM DHANGAR DIED AND ORS 1009 WRIT PETITION NO. 9192 OF 2025 DILIP BHAGWAN MISTERY DIED THROUGH LRS RANJANA BHAGWAN MISTERY AND OTHERS 1012 WRIT PETITION NO. 9195 OF 2025 SHANKAR DALAJI DEORE 1013 WRIT PETITION NO. 9196 OF 2025 VATSALABAI BHIKAN CHAUDHARI 1017 WRIT PETITION NO. 9202 OF 2025 SHRI SHEKH IQBAL SHEKH USMAN 1020 WRIT PETITION NO. 9205 OF 2025 SURESH NIMBA CHAUDHARI 1023 WRIT PETITION NO. 9208 OF 2025 PRAKASH SATYANARAYAN WAGH AND OTHERS

10 WP / 8648 / 2025+Group 1024 WRIT PETITION NO. 9209 OF 2025 VINOD RAMESH THORAT THROUGH POA SARDAR JAGMOHANSING SARDARSING JAGJITSING AND ANOTHER THE UION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS; 1025 WRIT PETITION NO. 9210 OF 2025 RAJARAM MAHADU PARDESHI DIED THROUGH LRS MOHAN RAJARAM PARDESHI AND OTHERS THE GOVT OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS; 1026 WRIT PETITION NO. 9211 OF 2025 GOOPAL JAYWANT MANE 1027 WRIT PETITION NO. 9212 OF 2025 PRABHAVATI BHAGWAN CHAUDHARI 1028 WRIT PETITION NO. 9213 OF 2025 POPAT SHELYA BHIL THE GOVT OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS; 1030 WRIT PETITION NO. 9215 OF 2025 KISHOR NARAYAN PATIL ...

WRIT PETITION NO. 9249 OF 2025 GANESH RAMBHAU MORE THE UNION OF INDIA THROUGH DEPUTY SECRETARY AND OTHERS1038 WRIT PETITION NO. 9250 OF 2025 BABURAO AVDHUT BADGUJAR AND OTHERS THE UNION OF INDIA THROUGH DEPUTY SECRETARY AND OTHERS1038 ...

CORAM

: MANISH PITALE & Y.G. KHOBRAGADE, JJ.

DATE : 25 JULY 2025 ...

Advocate for the petitioners : Mr. Dipesh D. Pande (WP Nos.8648, 8469, 8650, 8651, 8660,8661,8664,8665,8667,8673,8675,8676,8677,8678,8682,8683,8684,8687,8688,8689, 8690,8691,8691,8693,8694 all of 2025)

11 WP / 8648 / 2025+Group Advocate for petitioners : Mr. V.P. Raje (WP nos. 6686, 9114, 9115, 9116, 9117, 9125,9132,9135,9148,9149,9150,9151,9158,9160,9162,9194,9199,9204, 9207,9221,9222,9223 all of 2025 and 3429,5105,5152,761,5954 all of 2023) Advocate for petitioners : Mr. A.D. Sonar (WP Nos. 9106, 9107, 9108, 9109, 9111, 9112, 9113, 9118, 9121, 9126, 9127, 9128, 9129, 9130, 9133, 9140, 9141, 9143, 9144, 9145, 9153, 9180, 9191, 9193, 9203, 9214, 9216 all of 2025) Advocate for petitioners : Mr. Suniket Kulkarni (WP Nos. 5989/2021, 9159, 9160, 9176, 9179, 9192, 9195, 9196, 9202, 9205, 9208, 9209, 9210, 9211, 9212, 9213, 9215 all of 2025) Advocate for petitioners : Mr. D.R. Kale (WP/9249/2025 and WP/9250/2025) GP for the respondent - State : Mr. A.B. Girase, AGPs for the respondent - State : Mr. S.V. Hange, Mr. S.K. Tambe, Mr. S. D.

Ghayal, Mr. S. P. Sonpawale, Mr. V. M. Kagne, Mr. R. K. Ingole, Ms. Saie S. Joshi, Ms. Neha B. Kamble DSGI for UOI : Mr. A.G. Talhar Standing Counsel for UOI : Mr. Ravi Bangar, Mr. Amol N. Patale, Mr. M.A. Golegaonkar, Mr. R.B. Bhosale, Mr. S.W. Munde, Mrs. S.S. Kulthe, Mr. R.B. Bagul, Mr. S.S. Deve, Ms. Nikita Gore, Mr. B.B. Kulkarni, Mr. D.B. Gaikwad Advocate for National Highway Authority of India : Mr. Sagar Varma a/w Mr. Sagar Ladda, Mr. D.S. Manorkar a/w Mr. D.P. Madkar ...

ORAL ORDER (PER - MANISH PITALE, J.) :

In these petitions, similar issues are raised by the petitioners and we find that on earlier occasion, this Court has disposed of the petitions, issuing specific directions that have partly addressed the concerns raised by the petitioners herein. 2.

At the outset, learned counsel appearing for the petitioner in writ petition no. 8648 of 2025, submits that due to inadvertence, the representation of respondent no. 4 has been erroneously shown. For the reason that the case pertains to the Project Director, National Highway Authority of India at Nasik and not Dhule, he seeks leave to amend the same.

12 WP / 8648 / 2025+Group 3.

In that light, leave is granted. Petitioner to forthwith correct the representation of respondent no. 4.

4.

Similarly, learned counsel appearing for the petitioners in writ petition nos. 9249 of 2025 and 9250 of 2025, points out that identical issues arise in these petitions. Although, the said writ petitions are not on board, papers were called for and upon perusal of the papers, we are inclined to take up writ petition nos. 9249 of 2025 and 9250 of 2025 on board along with the other writ petitions listed today. Accordingly, the said petitions are taken on Board. 5.

On 17.07.2025, this Court passed a common order in writ petition no. 240 of 2023 (Rajendra Namdev Patil and others Vs. The Competent Authority, Land Acquisition and another) with connected writ petitions, as under :- 1.

When these petitions are called out for consideration, there is no serious dispute about the fact that the issues raised in these petitions are covered by earlier order passed by this Court in similar matters. On 26.06.2025, this Court passed a common order in Writ Petition No.12512/2019 (Trimbak Aadhar Bhamre and Anr. Vs. The Union of India and others with connected writ petitions) granting relief similar to the relief claimed in this petition.

2.

It is the case of the petitioners that, they are entitled to solatium and interest on the compensation amount in accordance with principles laid down by the Supreme Court in the case of Union of India and Anr. Vs. Tarsem Singh and Ors.; (2019) 9 SCC 304.

3.

In the said order passed in Trimbak Aadhar Bhamre Vs. the Union of India (supra), while considering identical contention, this Court held as follows :

13 WP / 8648 / 2025+Group "5.

This Court, at the Principal Seat, in Writ Petition No.11932 of 2019 (Hiraman Namdeo Lonare and others Vs. The Union of India and Others) and a group of cases, vide judgment dated 08.04.2025, recorded that the parties agree that the main issue involved in the Petitions was covered by the decision in Tarsem Singh (supra). 6.

In view of the application made by the NHAI in Miscellaneous Application Diary No.2572 of 2020 in Civil Appeal No.7086 of 2019, the Hon'ble Supreme Court had passed an order on 30.07.2021, clarifying that the words "(1A) and" appearing in paragraph 41 of the judgment dated 19.09.2019, be deleted. Accordingly, the relief that was granted, was in terms of Section 23 and 28 of the Land Acquisition Act, 1894 and not under Section 23(1A). 7.

In Hiraman Namdeo Lonare (supra), the judgment of the Hon'ble Supreme Court dated 04.02.2025 (supra), was also cited. It was observed by this Court that the NHAI would compute and pay the Petitioners, solatium and interest in accordance with the principles laid down in the said matters, within three months of the uploading of the order dated 08.04.2025.

8.

Thereafter, the judgment was delivered by the Hon'ble Supreme Court on 04.02.2025, rejecting all the Review Petitions. Neither the Petitioners, nor the NHAI, have ever challenged the Arbitral Awards before any Court. 9.

With regard to the objection on the maintainability of these Petitions, an identical issue was raised before this Court at the Principal Seat in Writ Petition No.9608 of 2023 (Kisanlal Bairudas Jain Vs. Union of India and others) and group of cases. By judgment dated 09.05.2025, this Court referred to the law laid down by the Hon'ble Supreme Court in M/s Godrej Sara Lee Ltd Vs. The Excise and Taxation Officer-cum-Assessing Authority and Ors, 2023

(384) ELT 8 (SC) and delivered a verdict concluding that the objection to the maintainability of the Petitions on the ground of an alternate remedy, is overruled.

10.

We direct the Competent Authority to compute and pay all these Petitioners, solatium and interest in accordance with the principles enunciated in Tarsem Singh (supra), within three months from today.

11.

As like the directions set out in Hiraman (supra), we record that if the payment of such compensation is delayed or is wrongly concluded on assumptions and presumptions, we would hold the Officers of the Competent Authority, responsible for the delayed payment or insufficient payment and in which case, if the interest for delayed payment or insufficient payment is computed, in any proceeding brought to this Court or before whichever authority, such interest component or insufficient payment, will be recovered from

14 WP / 8648 / 2025+Group the salaries of the Officers who are responsible for such erroneous calculations.

12.

Insofar as the contention of the learned Advocate for the NHAI, that there ought not to be a double payment with reference to the loss of easementary rights at the rate of 10%, since that issue is not addressed to the Court in these Petitions by the Petitioners and since the Arbitral Award has not been challenged by the NHAI, we do not have to express any view on this aspect.

13.

In view of the above, all these Writ Petitions before us are disposed off in the light of Tarsem Singh (supra) and the above referred orders."

6.

We are of the opinion that these petitions can also be allowed and disposed of in view of the above quoted order passed in petition No.12512/2019 (Trimbak Aadhar Bhamre and Anr. Vs. The Union of India and others with connected writ petitions) granting relief similar to the relief claimed in this petition. 7.

At this stage, learned counsel appearing for the contesting respondents submit that reply affidavits can be filed within one week from today, emphasizing that in some of the petitions, reply affidavits are ready even today. Contesting respondents are granted time of one week to file reply affidavits.

8.

It is further pointed out by the contesting respondents that this Court may consider directing the petitioners to produce all relevant documents before the competent authorities for verification when the competent authorities undertake any exercise of computation of amounts payable to the petitioners towards solatium and interest in accordance with the principles noted in the above quoted order of this

15 WP / 8648 / 2025+Group Court. It is further submitted that even if this Court were to pass an order in favour of the petitioners in the same manner as earlier orders have been passed in the case of similarly situated petitioners, it may be observed that such payments shall be subject to challenges raised, if any, under sections 34 and 37 of the Arbitration and Conciliation Act, 1996.

9.

Considering the aforesaid submissions made on behalf of the contesting respondents, we are inclined to allow these petitions in the following manner :- (a) In the light of above, these petitions are allowed by directing the competent authorities to compute and pay to the petitioners solatium and interest in accordance with the principles enunciated in the case of Union of India and another Vs. Tarsem Singh and others (supra) within a period of six (6) months from today. (b) It is made clear that the petitioners shall assist the competent authorities by producing all relevant documents and upon verification of the same, the competent authorities shall proceed further. It is also clarified that payments made pursuant to the directions given herein-above, shall be subject to the challenges, if any, raised under sections 34 and 37 of the Arbitration and Conciliation Act, 1996.

16 WP / 8648 / 2025+Group 10.

Writ petitions are disposed of in the above terms. 11.

Pending applications, if any, also stand disposed of. [ Y.G. KHOBRAGADE ] [ MANISH PITALE ] JUDGE JUDGE arp/