Bapu Nandlya Gavit v. The Union Of India Through The Deputy Secretary And Others
2025:BHC-AUG:35865-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 919 WRIT PETITION NO. 12071 OF 2025 Vechya Zendya Gavit 920 WRIT PETITION NO. 12072 OF 2025 Kusha Rodya Gavit And Others 921 WRIT PETITION NO. 12073 OF 2025 Jivalaya Jethya Gavit 922 WRIT PETITION NO. 12074 OF 2025 Suklal Zendya Gavit 923 WRIT PETITION NO. 12075 OF 2025 Ramji Atrya Gavit 924 WRIT PETITION NO. 12076 OF 2025 Undrya Jethya Gavit The Union Of India And Others 925 WRIT PETITION NO. 12077 OF 2025 Rajendra Suresh Gavit And Others 926 WRIT PETITION NO. 12078 OF 2025 Gulabsing Bapji Gavit And Others 927 WRIT PETITION NO. 12079 OF 2025 Dhansing Nandlya Gavit 928 WRIT PETITION NO. 12080 OF 2025 [1]
Vijay Kashinath Mahajan And Others 929 WRIT PETITION NO. 12081 OF 2025 Narya Jethya Gavit 930 WRIT PETITION NO. 12082 OF 2025 Babu Rubji Gavit Dead Lrs Abesing And Others 931 WRIT PETITION NO. 12083 OF 2025 Ravji Nura Gavit Dead Thr Lrs Jainabai And Others 932 WRIT PETITION NO. 12084 OF 2025 Kewa Mota Gavit 933 WRIT PETITION NO. 12085 OF 2025 Ashok Gorji Vasave 934 WRIT PETITION NO. 12086 OF 2025 Gebu Dhedya Gavit 935 WRIT PETITION NO. 12087 OF 2025 Vijaysingh Bajiraosingh Raghuwanshi 936 WRIT PETITION NO. 12088 OF 2025 Rajnibai Shirishkumar Gavit 937 WRIT PETITION NO. 12090 OF 2025 Punjrya Jethya Gavit 938 WRIT PETITION NO. 12091 OF 2025 [2]
Dharma Nandlya Gavit 939 WRIT PETITION NO. 12092 OF 2025 Suresh Tarachand Gavit And Another 940 WRIT PETITION NO. 12093 OF 2025 Gobaji Atrya Gavit Dead Thr Lrs Dilip Gobji Gavit And Others The Union Of India And Others 941 WRIT PETITION NO. 12094 OF 2025 Ashok Tarachand Gavit And Another 942 WRIT PETITION NO. 12095 OF 2025 Vasant Nura Gavit 943 WRIT PETITION NO. 12096 OF 2025 Nisar Krushna Gavit And Another 944 WRIT PETITION NO. 12101 OF 2025 Punya Dhedya Gavit 947 WRIT PETITION NO. 12125 OF 2025 Devji Mahadu Gavit 948 WRIT PETITION NO. 12126 OF 2025 Babji Sukrya Gavit The Union Of India And Others 950 WRIT PETITION NO. 12128 OF 2025 Devji Mahadu Gavit 951 WRIT PETITION NO. 12129 OF 2025 Nilesh Galu Gavit And Others [3]
952 WRIT PETITION NO. 12130 OF 2025 Suklal Rohidas Gavit And Others The Union Of India And Others 953 WRIT PETITION NO. 12131 OF 2025 Nathu Dhedya Gavit 954 WRIT PETITION NO. 12132 OF 2025 Jalu Lalji Gavit 955 WRIT PETITION NO. 12133 OF 2025 Godavaribai Shankarsing Pardeshi Dead Thr Lrs Umraosing Shankarsing Pardeshi And Others 956 WRIT PETITION NO. 12134 OF 2025 Mansing Janya Gavit 957 WRIT PETITION NO. 12135 OF 2025 Sitya Ditya Gavit 958 WRIT PETITION NO. 12136 OF 2025 Bapu Nandlya Gavit ...
Advocate for the petitioners in all the petitions :- Mr. Dipesh Pande. AGPs for respondents/State in respective petitions :- Mr. N. S. Tekale, Mr. V. M. Kagne, Mr. R. S. Wani and Mr. A. M. Phule.
Senior Panel Advocate/Central Government Counsel for respondents/Union of India in respective petitions :- Ms. Mayuri Kasturkar, Mr. Rohit Sarvadnya, Mr. S. W. Munde, Mr. N. T. Bhagat, Mr. Krushna Salunke, Mr. U. B. Bondar, Mr. Rahul Bagul, Mr. N. U. Yadav, Mr. R. R. Bangar, Mr. N. S. Salunke, Mr. M. A. Golegaonkar, Mr. N. T. Tribhuwan, Mr. Avinash Borulkar, Mr. R. D. Sanap, Mr. Rajesh Mewara and Mr. Akshay Kulkarni. Advocate for the respondent/NHAI in all the petitions :- Mr. Deepak S. Manorkar. ...
[4]
CORAM : SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.
DATE : 16 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, 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.
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.
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 [6]
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 [7]