Naresh Jagumal Karda And ORS v. The Gov. Of India Deputy Sec. Ministry Of Shipping And ORS

2025:BHC-AS:18108-DB ppn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

(905) WRIT PETITION NO. 7227 OF 2021 Rajan Aasan Daryani & Anr.

The Govt. Of India & Ors.

(906) WRIT PETITION NO. 7509 OF 2021 Madanlal Fulchand Bothra & Anr.

The Govt. of India & Ors.

(907) WRIT PETITION NO. 2867 OF 2022 WRIT PETITION NO. 2853 OF 2022 WRIT PETITION NO. 2868 OF 2022 WRIT PETITION NO. 2865 OF 2022 WRIT PETITION NO. 2849 OF 2022 WRIT PETITION NO. 2960 OF 2022 WRIT PETITION NO. 2851 OF 2022 WRIT PETITION NO. 2833 OF 2024 WRIT PETITION (ST) NO. 25771 OF 2021 Canal Bagaitdar Sahakari Sangh Ltd thr. Nivrutti Gotiram Shinde

The Union of India thr. The Deputy Secretary & Ors.

(909) WRIT PETITION NO. 8217 OF 2023 Ashwini Avinash Gothi POA Avinash M.

Gothi The Govt. Of India Deputy Secretary

(910) WRIT PETITION NO. 9841 OF 2023 Prakash Appa Lachake The Govt. Of India Deputy Secretary.

(911) WRIT PETITION NO. 10218 OF 2023 Ramjidas Shamlal Saboo thr. POA Avinash Mulchand Gothi The Govt. Of India Deputy Secretary.

(912) WRIT PETITION NO. 10220 OF 2023 Avinash Mulchand Gothi The Govt. Of India Deputy Secretary.

(913) WRIT PETITION NO. 10224 OF 2023 Ravindra Mulchand Gothi & Anr.

The Govt. Of India Deputy Secretary.

(914) WRIT PETITION NO. 10230 OF 2023 Mavji Hiraji Bhanushali The Govt. Of India Ministry of Shipping Road and Transport and Highway

(915) WRIT PETITION NO. 10233 OF 2023 Suresh Fulchand Bothara The Govt. Of India Deputy Secretary.

(916) WRIT PETITION NO. 14332 OF 2023 Ajit Zumberlal Lunawat The Govt. Of India & Ors.

(917) WRIT PETITION NO. 14358 OF 2023 Yashwant Babu Kaule & Anr.

The Govt. Of India & Ors.

(918) WRIT PETITION NO. 3192 OF 2024 Sandip Narayan Bhagwat (Deceased) The Govt. Of India Deputy Secretary.

(919) WRIT PETITION NO. 4140 OF 2024 Somabhai Prabhudas Patel (Deceased) His legal heirs & Anr.

The Govt. Of India & Ors.

(920) WRIT PETITION NO. 4615 OF 2024 Naresh Jagumal Karda & Ors.

The Govt. Of India Deputy Secretary.

Ministry of Shipping & Ors.

(921) WRIT PETITION NO. 4665 OF 2024 Ravi Shankar Aswale & Ors The Govt. Of India Deputy Secretary.

Ministry of Shipping & Ors.

(922) WRIT PETITION NO. 11084 OF 2024 Ravikumar Eknath Shinde (Deceased), represented by legal heirs The Govt. Of India Deputy Secretary

(924) WRIT PETITION NO. 16155 OF 2024 Ravikumar Eknath Shinde (Deceased), through legal heirs The Govt. Of India & Ors.

(4) WRIT PETITION (ST) NO. 1979 OF 2024 Bhagvat Sadashiv Ghuge The State of Maharashtra & Ors.

(5) WRIT PETITION NO. 9511 OF 2024 Shri. Bhaskar Genu Karad The State of Maharashtra & Ors.

(6) WRIT PETITION NO. 9513 OF 2024 Hari Kisan Avhad The State of Maharashtra & Ors.

(7) WRIT PETITION NO. 9533 OF 2024 Shri Kisan Shankar Avhad & Ors.

The State of Maharashtra & Ors.

(8) WRIT PETITION NO. 9534 OF 2024 Nivrutti Mhatarba Avhad & Ors.

The State of Maharashtra & Ors.

(9) WRIT PETITION NO. 9546 OF 2024 Shri. Suresh Rambhau Patil & Ors.

The State of Maharashtra & Ors.

(10) WRIT PETITION NO. 10165 OF 2024 Madhukar Namdeo Nagare (Since Deceased through L.R.S) & Ors.

The State of Maharashtra & Ors.

(11) WRIT PETITION NO. 10171 2024 Shri. Namdev Dagdu Kekan & Ors.

The State of Maharashtra & Ors.

(12) WRIT PETITION NO. 10173 OF 2024 Ramdas Baburao Avhad & Ors.

The State of Maharashtra & Ors.

(13) WRIT PETITION NO. 11005 OF 2024 Shri Ramdas Baburao Avhad & Ors.

The State of Maharashtra & Ors.

(14) WRIT PETITION NO. 11069 OF 2024 Baburao Dagadu Avhad The State of Maharashtra & Ors.

(15) WRIT PETITION NO. 11070 OF 2024 Shri. Dada Baban Avhad & Ors.

The State of Maharashtra & Ors.

______________________________________________________ Mr Pratik B. Rahade, for Petitioners in Sr. No.907. Mr Vinit P. Ahuja (through VC) i/by Mr. Prakash J. Ahuja for petitioners in all petitions.

Mr B. V. Samant, Addl. G.P. a/w Ms. M. S. Bane, AGP for the State in Sr. Nos.905, 906, 909, 910, 911 & 912. Mr B. V. Samant, Addl. G.P. a/w Mr. A. R. Deokar, AGP for the State in Sr. Nos.913, 914, 915, 916 & 917.

Mr B. V. Samant, Addl. G.P. a/w Mr. R. S. Pawar, AGP for the State in Sr. Nos.918, 919, 920, 921 & 922.

Mr Sachin S. Gite for the Petitioners in Sr. Nos.4 to 15. Ms. Savina R. Crasto, AGP for the State in Sr. Nos.4 to 9. Mr. R. S. Pawar, AGP for the State in Sr. Nos.10 to 15. Ms Heena Shaikh i/by M.V. Kini & Co. for NHAI in all petitions.

______________________________________________________ CORAM : M.S. Sonak & Jitendra Jain, JJ.

DATED : 17 APRIL 2025 PC:- 1.

Heard learned counsel for the parties.

2.

Rule in each of these petitions. The rule is made returnable immediately at the request and with the consent of the learned counsel for the parties.

3.

Since common issue of law and facts arise in these petitions, learned counsel for the parties agreed that a common order can dispose of the petitions.

4.

The petitioners, in effect, claim the benefits of the decision of the Hon'ble Supreme Court in Union of India vs. Tarsem Singh and Ors.1 Learned counsel for the parties agreed that the issue is covered by the decision in the case of Tarsem Singh and Ors. (supra) as modified by the order dated 30 July 2021 made in Miscellaneous Application Diary No.2572 of 2020 in Civil Appeal No.7086 of 2019.

1 (2019) 9 SCC 304

5.

Recently, the Hon'ble Supreme Court rejected even the review against the decision in Tarsem Singh and Ors. (supra) vide its order dated 4 February 2025 disposing of MCA No.1773 of 2021 in Civil Appeal No.7064 of 2019. 6.

Therefore, the following decision in the case of Tarsem Singh and Ors. (supra) read with the other orders referred to above, we dispose of all these petitions by directing the respondents, including particularly, NHAI to compute and pay the petitioners solatium and interest in accordance with the principles and the directions issued in Tarsem Singh and Ors. (supra) within three months of uploading this order. 7.

The respondents must comply without delay, and all benefits must be paid to the petitioners within three months of this order being uploaded.

8.

The authorities must verify the petitioners' entitlement status and then pay statutory benefits. This is because Mr. Samant points out that some of the parties in whose favour the awards herein have been made, and who have received the initial compensation amount, might have expired, making it necessary for the claimant to establish the lineage of such a person.

9.

In similar circumstances, by an order dated 8 April 2025. We adopt the reasoning in the said order for disposing of this batch of petitions.

10.

The rule is accordingly made absolute in all these writ petitions under the above terms without any cost order. All concerned are to act on the authenticated copy of this order. (Jitendra Jain, J) (M.S. Sonak, J)