Annapurna Kashiram Patil v. The Union Of India And Others
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 938 WRIT PETITION NO.3137 OF 2022 RAJENDRA DHARMA PATIL
VERSUS
THE UNION OF INDIA AND OTHERS ...
Advocate for Petitioner: Mr. Kulkarni Mukul S. AGP for Respondent/State: Mr. S. G. Karlekar Advocate for Respondent Nos.1&3: Mr. R. B. Bhosle ...
AND ...
940 WRIT PETITION NO.3139 OF 2022 INDUBAI NANABHAU PATIL
VERSUS
THE UNION OF INDIA AND OTHERS ...
Advocate for Petitioner: Mr. Kulkarni Mukul S. AGP for Respondent/State: Mr. K. N. Lokhande Advocate for Respondent Nos.1&3: Mr. Amol Patale ...
AND ...
946 WRIT PETITION NO.3145 OF 2022 NIMBA RAMBHAU PATIL (DECEASED) LEGAL HAIRS NIRMALA NIMBA PATIL AND OTHERS
VERSUS
THE UNION OF INDIA AND OTHERS ...
Advocate for Petitioner: Mr. Kulkarni Mukul S. AGP for Respondent/State: Mr. S. P. Tiwari Advocate for Respondent Nos.1&3: Mr. R. B. Bhosle ...
AND ...
947 WRIT PETITION NO.3146 OF 2022 ANNAPURNA KASHIRAM PATIL
VERSUS
2 wp 3137.2022+ THE UNION OF INDIA AND OTHERS ...
Advocate for Petitioner: Mr. Kulkarni Mukul S. AGP for Respondent/State: Mr. K. N. Lokhande Advocate for Respondent Nos.1&3: Mr. R. R. Bangar ...
AND ...
949 WRIT PETITION NO.3148 OF 2022 ANILKUMAR SUBHASHCHANDRA JAIN AND OTHERS
VERSUS
THE UNION OF INDIA AND OTHERS ...
Advocate for Petitioner: Mr. Kulkarni Mukul S. AGP for Respondent/State: Mr. K. N. Lokhande Advocate for Respondent Nos.1&3: Mr. R. R. Bangar ...
AND ...
950 WRIT PETITION NO.3149 OF 2022 VIJAY MOHAN PATIL
VERSUS
THE UNION OF INDIA AND OTHERS ...
Advocate for Petitioner: Mr. Kulkarni Mukul S. AGP for Respondent/State: Mr. K. N. Lokhande Advocate for Respondent Nos.1&3: Mr. R. B. Bhosle ...
AND ...
969 WRIT PETITION NO.3175 OF 2022 VISHWAS SHRIRAM PATIL
VERSUS
THE UNION OF INDIA AND OTHERS ...
Advocate for Petitioner: Mr. Kulkarni Mukul S. AGP for Respondent/State: Mr. S. G. Karlekar Advocate for Respondent Nos.1&3: Mr. Amol Patale ...
3 wp 3137.2022+ CORAM:S. V. GANGAPURWALA & S. G. DIGE, JJ.
DATE: 03rd MARCH, 2022 PER COURT:
1. Mr. Kulkarni, learned Advocate for petitioners submits that, the lands of petitioners were acquired, the award was passed, the compensation amount was determined, however, neither the solatium component nor the interest were awarded to petitioners as compensation. In the appeal preferred by petitioners the Arbitrator enhanced the compensation amount, however, did not grant solatium and interest. The learned Advocate submits that, the Hon'ble Apex Court in case of Union of India (UOI) and others Vs. Tarsem Singh and others reported in (2019) 9 SCC 304 has held that, the persons whose lands are acquired under the National Highways Act are now entitled for solatium component and interest. The Hon'ble Apex Court further observed that, persons whose lands are acquired from 1997 up to 2015 under the National Highways Act should pay compensation with solatium and interest.
Pursuant thereto, petitioners made representations to respondents seeking benefit as per the said Judgment in the year-2019/2020. The same are not yet decided.
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2. The learned Advocate for respondent nos.1 and 3 submits that, the Competent Authority will decide the applications of petitioners on it's own merits, in accordance with law.
3. Considering the fact that, applications of petitioners are pending consideration with the Competent Authority (Exhibit "F"), the Competent Authority shall take decision upon it on it's own merits, in accordance with law applicable, after hearing all parties concerned viz. petitioners and the acquiring body.
The same shall be decided preferably within a period of six (06) months from today.
4. Writ Petitions accordingly stand disposed of. No costs.
[S. G. DIGE, J.] [S. V. GANGAPURWALA, J.] marathe