Ramanlal Sonraj Jain Died Thr Lrs Shakuntalabai Ramanlal Jain And Others v. The Union Of India Through The Deputy Secretary And Others
2025:BHC-AUG:35876-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 916 WRIT PETITION NO. 11687 OF 2025 Mohan Budhaji Chaudhari 917 WRIT PETITION NO. 11688 OF 2025 Vilas Bhila Patil Died Thr Lrs Mahendra Vilas Sonawane And Another 918 WRIT PETITION NO. 11689 OF 2025 Jijabai Baburao Patil Died Thr Lrs Kautik Baburao Sasle 919 WRIT PETITION NO. 11690 OF 2025 Prakashsing Murarsing Pawar And Others 920 WRIT PETITION NO. 11691 OF 2025 Vijay Bhalchandra Wankhede Death Mahesh Vijay Wankhede Sonar And Another 921 WRIT PETITION NO. 11692 OF 2025 Vijay Rajaram Patil 922 WRIT PETITION NO. 11693 OF 2025 Ramdas Dhashrath Mahale Died Thr Lrs Gopal Ramdas Mahale And Another 923 WRIT PETITION NO. 11694 OF 2025 Imam Khan Bismilla Khan And Another 924 WRIT PETITION NO. 11695 OF 2025 Ramanlal Sonraj Jain Died Thr Lrs Shakuntalabai Ramanlal Jain And Others 925 WRIT PETITION NO. 11696 OF 2025 Sonal Bhausaheb Magar 926 WRIT PETITION NO. 11697 OF 2025 [1]
Pramod Mohanlal Jain And Another 927 WRIT PETITION NO. 11698 OF 2025 Inderchand Khemchand Jain 928 WRIT PETITION NO. 11699 OF 2025 Hiralal Atmaram Deore 929 WRIT PETITION NO. 11700 OF 2025 Eknath Vedu Patil Died Through Lrs Meena Eknath Patil And Others 930 WRIT PETITION NO. 11701 OF 2025 Jijabai Jagannath Patil 931 WRIT PETITION NO. 11702 OF 2025 Dattu Bhivsan Khairnar 932 WRIT PETITION NO. 11703 OF 2025 Sumanbai Aba Patil 933 WRIT PETITION NO. 11704 OF 2025 Deelip Pundalik Rajput 934 WRIT PETITION NO. 11705 OF 2025 Sagarchand Manakchand Tatiya 935 WRIT PETITION NO. 11706 OF 2025 Himmat Mahadu Bhil Died Through Lrs Shrawan Himmat Bhavre And Another 936 WRIT PETITION NO. 11707 OF 2025 Rajashree Mahavir Jain 937 WRIT PETITION NO. 11708 OF 2025 [2]
Meenabai Bhagwan Patil 938 WRIT PETITION NO. 11709 OF 2025 Naseembi Maksood Ahmed And Others 939 WRIT PETITION NO. 11710 OF 2025 Sachin Vasantrao Zende 940 WRIT PETITION NO. 11711 OF 2025 Sachin Vasantrao Zende 941 WRIT PETITION NO. 11712 OF 2025 Meerabai Yashwant Saulnkhe 942 WRIT PETITION NO. 11713 OF 2025 Mahesh Raghunath Sonar 943 WRIT PETITION NO. 11714 OF 2025 Bhatu Govind Patil Died Thr Lrs Janabai Bhatu Sonawane And Others 944 WRIT PETITION NO. 11715 OF 2025 Bhatu Govind Patil Died Thr Lrs Janabai Bhatu Sonawane And Others 945 WRIT PETITION NO. 11716 OF 2025 Deelip Narayan Pingale The Union Of India Thr The Deputy Secretary And Others 946 WRIT PETITION NO. 11718 OF 2025 Prakash Sambahji Wagh 947 WRIT PETITION NO. 11719 OF 2025 Deelip Pundalik Rajput 948 WRIT PETITION NO. 11720 OF 2025 Sagarchand Manakchand Tatiya [3]
949 WRIT PETITION NO. 11721 OF 2025 Arun Budhaji Chaudhari 950 WRIT PETITION NO. 11722 OF 2025 Sagarchand Manakchand Tatiya 951 WRIT PETITION NO. 11723 OF 2025 Ukha Garabad Bhil Died Thr Lrs Sarubai Ukha Bhil And Others 952 WRIT PETITION NO. 11724 OF 2025 Nandkumar Motiram Patil 953 WRIT PETITION NO. 11725 OF 2025 Aminabi Shaikh Fattu Death Shaikh Akabar Shaikh Fattu 954 WRIT PETITION NO. 11774 OF 2025 Ujwala Sanjay Pawar And Others 955 WRIT PETITION NO. 11775 OF 2025 Ramabai Bhaskar Kasar Died Thr Lrs Pradip Bhaskar Kolapkar Kasar And Others 956 WRIT PETITION NO. 11776 OF 2025 Walmik Abhiman Koli 957 WRIT PETITION NO. 11777 OF 2025 Vilas Bhila Patil Died Thr Lrs Mahendra Vilas Sonawane And Another 958 WRIT PETITION NO. 11778 OF 2025 Bhagwandas Ramlal Agrawal Huf Karta Shrikisan Bhagwandas Agrawal And Anr 959 WRIT PETITION NO. 11779 OF 2025 Jagatrao Ramesh Patil [4]
960 WRIT PETITION NO. 11780 OF 2025 Kedarnath Gangadhar Badhan 961 WRIT PETITION NO. 11781 OF 2025 Sagar Chandrabhan Aaher 962 WRIT PETITION NO. 11782 OF 2025 Pawan Shrikisan Agrawal 963 WRIT PETITION NO. 11783 OF 2025 Jagatrao Ramesh Patil 964 WRIT PETITION NO. 11785 OF 2025 Tarachand Sagarmal Agrawal 965 WRIT PETITION NO. 11786 OF 2025 Sanjay Bhalchandra Wankhede And Another 966 WRIT PETITION NO. 11826 OF 2025 Devidas Hiraman Patil ...
Advocate for the petitioners in all the petitions :- Mr. A. D. Sonar AGPs for respondents/State in respective petitions :- Mr. A. B. Girase, Government Pleader, Mr. S. K. Tambe, Mr. V. M. Kagne, Mr. R. S. Wani, Mr. S. B. Narwade and Mr. A. M. Phule. Senior Panel Advocate/Central Government Counsel for respondents/Union of India in respective petitions :- Mr. N. U. Yadav, Ms. Mayuri Kasturkar, Mr. R. S. Sarvadnya, Mr. Rajesh Mewara, Mr. Akshay Kulkarni, Mr. S. W. Munde, Mr. N. T. Tribhuwan, Mr. A. R. Borulkar, Mr. R. B. Bagul, Mr. M. A. Golegaonkar, Mr. N. S. Salunke, Mr. Rajendra D. Sanap, Mr. N. T. Bhagat, Mr. Ravi Bangar, Mr. S. S. Deve and Mr. U. B. Bondar.
Advocate for the respondent/NHAI in all the petitions :- Mr. Deepak S. Manorkar. ...
CORAM : SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.
DATE : 17 DECEMBER 2025 [5]
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, 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.
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. 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. [7]
(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]