Ramchandra Kadu Wani (Patkar) Deceased L/H 1 Pandurang Ramchandra Patkar Deceased And Others v. The Government Of India Through The Secretary And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.13811 OF 2021 NANAKCHAND PYARELAL TANEJA WRIT PETITION NO.13821 OF 2021 VIJAYKUMAR NARAYAN PATEL WRIT PETITION NO.13822 OF 2021 NANDKISHOR BABULAL AGRAWAL THE GOVERNMENT O INDIA AND OTHERS WRIT PETITION NO.13825 OF 2021 NANDKISHOR BABULAL AGRAWAL WRIT PETITION NO.13826 OF 2021 PRAVIN RAMESH PATIL

(2) WRIT PETITION NO.13829 OF 2021 GURUDWARA (SHIKH SAMAJ MANDIR) THROUGH SANTH DHIRAJ SHING PURANSHING BABAJI WRIT PETITION NO.13837 OF 2021 ALKA NARESH MUNOT AND OTHERS WRIT PETITION NO.13852 OF 2021 ANIL DATTATRAY PATIL WRIT PETITION NO.13857 OF 2021 ANIL DATTATRAY PATIL AND ANOTHER WRIT PETITION NO.13860 OF 2021 NIKHIL DAULATKUMAR SHAH AND ANOTHER ..PETITIONERS

(3) WRIT PETITION NO.13862 OF 2021 NANAKCHAND PYARELAL TANEJA WRIT PETITION NO.13867 OF 2021 RAMCHANDRA KADU WANI (PATKAR) DECEASED L/H 1 PANDURANG RAMCHANDRA PATKAR DECEASED AND OTHERS WRIT PETITION NO.13873 OF 2021 AVINASH RAJESH MEVANI AND OTHERS WRIT PETITION NO.13876 OF 2021 ANIL DATTATRAY PATIL (BHADANE) AND ANOTHER WRIT PETITION NO.13877 OF 2021 NANDKISHOR BABULAL AGRAWAL

(4) WRIT PETITION NO.13907 OF 2021 YAKUB DADAN KHATIK DECEASED THROUGH LRS SAHEBNUR YAKUB KHATIK AND OTHERS ...

Mr. Mukul S. Kulkarni, Advocate for the Petitioners in all WP.

Mr. S. P. Tiwari, AGP for Respondents-State in all WP.

Mr. R. B. Bhosle, Mr. A. G. Talhar, Mr. R. R. Bangar, Mr. S. S. Deve, Mr. A. B. Dhongade, Advocate for Respondent Nos.1 and 3 in respective WP.

...

CORAM : S. V. GANGAPURWALA & S. G. DIGE, JJ.

DATED : 13th DECEMBER, 2021.

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 appeals 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

(5) 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, petitioners made representations to the respondents seeking benefit as per the said Judgment in the year-2019. The same are not yet decided.

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, the 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) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/December-2021