Ashabee Roshankha Pathan v. The Union Of India Through The Deputy Secretary And Others
2025:BHC-AUG:36236-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 904 WRIT PETITION NO. 11787 OF 2025 Ujwala Sanjay Pawar 905 WRIT PETITION NO. 11788 OF 2025 Sanjay Sambhaji Wagh 906 WRIT PETITION NO. 11789 OF 2025 Kailaskumar Dayanand Panjabi 907 WRIT PETITION NO. 11790 OF 2025 Sunita Rajeshwar Patil 908 WRIT PETITION NO. 11791 OF 2025 Ashabee Roshankha Pathan 909 WRIT PETITION NO. 11792 OF 2025 Kisan Budha Koli 910 WRIT PETITION NO. 11793 OF 2025 Ushabai Vilasrao Salunkhe 911 WRIT PETITION NO. 11794 OF 2025 Kalpanabai Deelip Bhamre 912 WRIT PETITION NO. 11795 OF 2025 Shivaji Budhaji Chaudhari 913 WRIT PETITION NO. 11796 OF 2025 Bhatu Govind Patil Died Thr Lrs Janabai Bhatu Sonawane And Others 914 WRIT PETITION NO. 11797 OF 2025 Sagarchand Manakchand Tatiya [1]
915 WRIT PETITION NO. 11798 OF 2025 Pradip Shivsing Patil 916 WRIT PETITION NO. 11799 OF 2025 Kanhayalal Devchand Jain Died Through Lrs Mahavir Kanhayalal Jain And Others 917 WRIT PETITION NO. 11801 OF 2025 Dhanji Sitaram Ahire 918 WRIT PETITION NO. 11802 OF 2025 Meerabai Sahebrao Patil 919 WRIT PETITION NO. 11803 OF 2025 Atmaram Namdeo Deore Patil Died Thr Lrs Rupabai Atmaram Deore Died And Others 920 WRIT PETITION NO. 11804 OF 2025 Lahanabai Mahadu Thelari 921 WRIT PETITION NO. 11813 OF 2025 Raju Alias Rajendra Onkar Deore And Others 922 WRIT PETITION NO. 11814 OF 2025 Aananda Arjun Patil 923 WRIT PETITION NO. 11815 OF 2025 Pundalik Ratan Patil 924 WRIT PETITION NO. 11816 OF 2025 Raju Alias Rajendra Onkar Deore And Others 925 WRIT PETITION NO. 11817 OF 2025 Vinod Prabhudayal Agrawal 926 WRIT PETITION NO. 11818 OF 2025 Somnath Shepadu More And Others [2]
927 WRIT PETITION NO. 11819 OF 2025 Shindhubai Trambak Patil 928 WRIT PETITION NO. 11820 OF 2025 Yogesh Arun Patil 929 WRIT PETITION NO. 11821 OF 2025 Ghanshyamdas Udarnomal Sangatani Died Through Lrs Prakashlal Ghanshyamdas Sangtani And Ors 930 WRIT PETITION NO. 11822 OF 2025 Santosh Atmaram Patil 931 WRIT PETITION NO. 11824 OF 2025 Vinod Prabhudayal Agrawal 932 WRIT PETITION NO. 11825 OF 2025 Uttam Hilal Patil Died Thr Lrs Adhikar Uttam Patil 933 WRIT PETITION NO. 11827 OF 2025 Adhikar Uttam Patil 934 WRIT PETITION NO. 11880 OF 2025 Girish Prabhudayal Agrawal 935 WRIT PETITION NO. 11881 OF 2025 Purushottam Sagarmal Agrawal Huf Karta Atul Tarachand Agrawal 936 WRIT PETITION NO. 11882 OF 2025 Rajendra Hiraman Chavhan 937 WRIT PETITION NO. 11883 OF 2025 Kamalbai Bhalchandra Joshi [3]
938 WRIT PETITION NO. 11884 OF 2025 Pravin Bhagawan Patil 939 WRIT PETITION NO. 11886 OF 2025 Kanhayalal Devchand Jain Died Thr Lrs Mahavir Kanhayalal Jain And Others 940 WRIT PETITION NO. 11887 OF 2025 Anjana Aanandrao Marathe 941 WRIT PETITION NO. 11888 OF 2025 Purushottam Sagarmal Agrawal Huf Karta Girish Prabhudayal Agrawal 942 WRIT PETITION NO. 11889 OF 2025 Vijay Prabhakar Chaudhari 943 WRIT PETITION NO. 11890 OF 2025 Anjana Aanandrao Marathe 944 WRIT PETITION NO. 11891 OF 2025 Hrikanbai Santosh Patil 945 WRIT PETITION NO. 11892 OF 2025 Ashok Bhimrav Bhil 946 WRIT PETITION NO. 11894 OF 2025 Pramila Vishwasrao Patil And Others 947 WRIT PETITION NO. 11895 OF 2025 Prashant Tarachand Chitodkar 948 WRIT PETITION NO. 11896 OF 2025 Rahul Agro Owner Bhatu Gopinath Bhoi And Another 949 WRIT PETITION NO. 11897 OF 2025 [4]
Hari Genu Gavali 950 WRIT PETITION NO. 11898 OF 2025 Lahu Sajan Patil Died Through Lrs Mayabai Lahu Patil 951 WRIT PETITION NO. 11977 OF 2025 Kalpanabai Deelip Bhamre 952 WRIT PETITION NO. 11978 OF 2025 Chatursing Amarsing Girase Died Thr Lrs Gulab Chatursing Rajput And Another 953 WRIT PETITION NO. 11979 OF 2025 Atmaram Namdeo Deore Patil Died Thr Lrs Rupabai Atmaram Deore Died And Others 954 WRIT PETITION NO. 11980 OF 2025 Dipak Tarachand Agrawal And Others 955 WRIT PETITION NO. 11981 OF 2025 Dipak Tarachand Agrawal 956 WRIT PETITION NO. 11982 OF 2025 Satish Balkrishna Joshi 957 WRIT PETITION NO. 11983 OF 2025 Jagatrao Ramesh Patil And Another 958 WRIT PETITION NO. 11984 OF 2025 Rajendra Kashinath Mali And Others 959 WRIT PETITION NO. 11985 OF 2025 Sambhaji Shankar Patil 960 WRIT PETITION NO. 11986 OF 2025 Subhash Atmaram Patil Died Thr Lrs Subhadrabai Subhash Patil [5]
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Advocate for the petitioners in all the petitions :- Mr. A. D. Sonar Addl. GPs/ AGPs for respondents/State in respective petitions :- Mr. S. K. Tambe, Mr. A. M. Phule, Mr. V. M. Kagne, Mr. R.S. Wani, Mr. S. B. Narwade and Mr. S. B. Pulkundwar Senior Panel Advocate/Central Government Counsel for respondents/Union of India in respective petitions :- Mr. S. W. Munde, Mr. Rahul Bagul, Mr. N. T. Tribhuwan, Mr. N. S. Salunke, Mr. K. S. Solanke, Mr. R. R. Bangar, Mr. A. R. Borulkar, Ms. Mayuri Kasturkar, Mr. R. H. Mewara, Mr. R. D. Sanap, Mr. U. B. Bondar, Mr. N. T. Bhagat, Mr. R. S. Sarvadnya, Mr. Akshay Kulkarni, Mr. S. S. Deve, Mr. N. U. Yadav and Mr. M. A. Golegaonkar Advocate for the respondent/NHAI in all the petitions :- Mr. Deepak S. Manorkar. ...
CORAM : SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.
DATE : 18 DECEMBER 2025 ORDER :
.
All the petitions raise similar issues.
2.
We have heard learned Advocates representing all the parties. 3.
Learned Advocates for the petitioners have pointed out that earlier in group of matters i.e. Writ Petition No.240 of 2023 with companion matters (Rajendra Namdev Patil and others vs. The Competent Authority Land Acquisition), this Court had passed an order on 17.07.2025. Thereafter, again in Writ Petition No.7866 of 2021 with companion matters (Shilpa Rajendra Shinve Vs. The National Highway Authority of India, Through its Project Director and another), order came to be passed on 08.08.2025, wherein order in Rajendra Namdev Patil and others (Supra) was reproduced. Even it was expressed by the Coordinate Bench of this Court that in view of the order passed in Writ Petition No.12512 of 2019 (Trimbak Aadhar Bhamre and Anr. Vs. The Union of India and others with connected writ petitions), the same relief deserves to be granted, [6]
however, it appears that from the respondent/NHAI, there were submissions. This Court then based on Union of India and another Vs. Tarsem Singh and others, [(2019) 9 SCC 304], held that the petitioners would be entitled to solatium and interest on compensation amount in accordance with the principles laid down therein. When we have also expressed our view similar to the decision that has been taken by the earlier Benches, as they are in fact based on Union of India and another Vs. Tarsem Singh and others (Supra), the learned Advocate representing NHAI in all the matters have submitted that review petition has been filed by NHAI before the Hon'ble Supreme Court. By order dated 03.11.2025 (Review Petition (Civil) Diary No(s)44096 of 2025), the delay was condoned and notice has been issued.
Important point to be noted is that the fact of review petition that has been filed was taken note of by this Court in Writ Petition No.7866 of 2021 and companion matters and it was observed that mere filing of review petition would not detain this Court from disposing of the writ petitions, in the light of the fact that petitions raising identical issues have been already disposed of earlier by this Court. We are also of the same view. However, till the review petition is decided, we are governed by the decision in Union of India and another Vs.
Tarsem Singh and others (Supra) and, therefore, we also dispose of all the writ petitions in the following terms :- (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.
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. (c) In the light of the observations made herein above, it is further made clear that if any of the parties are aggrieved by the quantum and computation carried out by the competent authority while carrying out the directions given herein above, the remedy of Section 3G (5) of the National Highways Act, 1956 would be available to such aggrieved party in accordance with law. It is further made clear that the competent Authority while implementing the directions given herein above shall give reasonable hearing to all stake holders.
(d) The decision would then be ultimately subject to the outcome of the review petition before the Hon'ble Supreme Court. 4.
Pending applications, if any, also stand disposed of. [ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [8]