Vijay Harchand Patil And Another v. The Government Of India Through The Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 WRIT PETITION NO.11431 OF 2021 AJAY GAJANAN KHAIRNAR (PATIL) THE GOVERNMENT OF INDIA AND ANOTHER ASG for Respondent No. 1: Mr. A. G. Talhar 917 WRIT PETITION NO.11432 OF 2021 SHIVDAS TUKARAM PATIL THE COMPETENT AUTHORITY AND ANOTHER Advocate for Respondent No. 1: Mr. S. S. Deve 918 WRIT PETITION NO.11433 OF 2021 RAJESH MANAKCHAND MUNOT AND ANOTHER THE UNION OF INDIA THROUGH THE SECRETARY AND Advocate for Petitioners: Mr. Kulkarni Mukul S. Advocate for Respondents No. 1&3: Mr. D. G. Nagode

2 wp 11431.2021+ 919 WRIT PETITION NO.11434 OF 2021 RIKHABCHAND SHANKARLAL JAIN (CHAJED) AND OTHERS THE COMPETENT AUTHORITY NATIONAL HIGHWAY NO. 3 AND ANOTHER Advocate for Respondent No. 1: Mr. R. R. Banger 920 WRIT PETITION NO.11435 OF 2021 GOVIND PRAVIN PATEL AND ANOTHER THE UNION OF INDIA THROUGH THE SECRETARY AND Advocate for Respondents No.1&3: Mr. Bhosale R. B. 921 WRIT PETITION NO.11436 OF 2021 SHAKUNTALA MADHUKAR WANI (PATKAR) THE COMPETENT AUTHORITY NATIONAL HIGHWAY NO. 3 AND ANOTHER ASG for Respondent No. 1: Mr. A. G. Talhar 922 WRIT PETITION NO.11437 OF 2021 VANDANABAI DILIP PATIL THE GOVERNMENT OF INDIA THROUGH THE SECRETARY AND

3 wp 11431.2021+ ASG for Respondents No. 1&3: Mr. A. G. Talhar 923 WRIT PETITION NO.11438 OF 2021 RAJESH CHANDRAMAL GALANI THE UNION OF INDIA AND OTHERS ASG for Respondent No. 1: Mr. A. G. Talhar 924 WRIT PETITION NO.11439 OF 2021 JITENDRA NARAYAN RAJPUT (KACHHVA ) THE COMPETENT AUTHORITY NATIONAL HIGHWAY NO. 3 AND ANOTHER Advocate for Respondent No. 1: Mr. A. B. Dhongade 925 WRIT PETITION NO.11441 OF 2021 AJAY GAJANAN KHAIRNAR (PATIL ) THE GOVERNMENT OF INDIA THROUGH THE SECRETARY AND Advocate for Respondent No. 1: Mr. D. G. Nagode

4 wp 11431.2021+ 926 WRIT PETITION NO.11442 OF 2021 VIJAY HARCHAND PATIL AND ANOTHER THE GOVERNMENT OF INDIA THROUGH THE SECRETARY AND Advocate for Respondents No. 1&3: Mr. A. N. Patale 927 WRIT PETITION NO.11443 OF 2021 DILIP SITARAM PATIL THE COMPETENT AUTHORITY NATIONAL HIGHWAY NO. 3 AND ANOTHER Advocate for Respondent No. 1: Mr. S. S. Deve 928 WRIT PETITION NO.11444 OF 2021 TUKARAM NAMDEO PATIL GPA HOLDER SACHIN TUKARAM PATIL THE COMPETENT AUTHORITY NATIONAL HIGHWAY NO. 3 AND ANOTHER Advocate for Respondent No. 1: Mr. Patale A. N. 929 WRIT PETITION NO.11445 OF 2021 PAYAL HARESH PRADHYANI THE UNION OF INDIA AND OTHERS

5 wp 11431.2021+ ASG for Respondents No. 1&3: Mr. A. G. Talhar 930 WRIT PETITION NO.11446 OF 2021 ANANDA SHIVRAM PATIL (CHAVHAN) THE COMPETENT AUTHORITY AND ANOTHER Advocate for Respondent No.1: Mr. Bhosale R. B. 931 WRIT PETITION NO.11447 OF 2021 CHANDRAMAL PRADHANMAL GALANI THE UNION OF INDIA THROUGH THE SECRETARY Advocate for Respondents No.1&3: Mr. Patale A. N. 932 WRIT PETITION NO.11448 OF 2021 JANKI PRAKASH BAJAJ THE UNION OF INDIA AND OTHERS ASG for Respondents No.1&3: Mr. A. G. Talhar

6 wp 11431.2021+ 933 WRIT PETITION NO.11449 OF 2021 AARTIBAI SURESHKUMAR SHAHADATPURI THE GOVERNMENT OF INDIA THROUGH THE SECRETARY AND Advocate for Respondents No.1&3: Mr. Banger R. R. 934 WRIT PETITION NO.11450 OF 2021 JANKI PRAKASH BAJAJ THE UNION OF INDIA AND OTHERS Advocate for Respondents No.1&3: Mr. Banger R. R. 935 WRIT PETITION NO.11451 OF 2021 MAYABAI CHANDRAMAL GALANI THE UNION OF INDIA AND OTHERS Advocate for Respondents No.1&3: Mr. Banger R. R. 936 WRIT PETITION NO.11452 OF 2021 RAJESH CHANDRAMAL GALANI THE UNION OF INDIA AND OTHERS Advocate for Respondents No.1&3: Mr. Patale A. N.

7 wp 11431.2021+ 937 WRIT PETITION NO.11453 OF 2021 KASHINATH JAGANNATH WANI (PATKAR) THE COMPETENT AUTHORITY AND ANOTHER Advocate for Respondent No.1: Mr. Dhongade A. B. 974 WRIT PETITION NO.11508 OF 2021 CHIMANSING RAMSING RAJPUT (KACHCHHWA) THE COMPETENT AUTHORITY NATIONAL HIGHWAY NO. 3 AND ANOTHER ASG for Respondent No.1: Mr. A. G. Talhar

CORAM:

S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATE:

13th OCTOBER, 2021 PER COURT:

1.

At the request of the learned Advocate for the petitioners, leave to add parties.

2.

Mr. Kulkarni, learned Advocate for the petitioners submits that the lands of the

8 wp 11431.2021+ petitioners were acquired, the award was passed, the compensation amount was determined, however, neither the solatium component nor the interest were awarded to the petitioners as compensation. In the appeals preferred by the 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 the persons whose lands are acquired from 1997 up to 2015 under the National Highways Act should pay compensation with solatium and interest. Pursuant thereto, the petitioners made representations to the respondents seeking benefit as per the said Judgment in the year-2019. The same is not yet decided.

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The learned Advocate for respondent no. 1 and added party submits that the Competent Authority will decide the application of the petitioner on it's own merits, in accordance with law.

4.

Considering the fact that the applications of the 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 the acquiring body. The same shall be decided preferably within a period of six (06) months. 5.

Writ Petitions accordingly stand disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] marathe