Bombay High CourtWP/3423/2025disposed off

Ram Mohansingh Choudhari v. The State Of Maharashtra Throu. Govt Pleader And ORS

2025-04-08Hon'Ble Shri Justice Jitendra Shantilal Jain , Hon'Ble Shri Justice M.S. Sonak3 pages

Digitally signed by SAYYED SAEED ALI AHMED ALI Date:

2025.04.09 13:17:31 +0530 SAYYED SAEED ALI AHMED ALI Sayyed 18-WP.2646.2025 & ors.docx IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION (18)WRIT PETITION NO.2646 OF 2025 (18)WRIT PETITION NO.2646 OF 2025 Shivaji Krishnath Patil Shivaji Krishnath Patil

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

WITH WITH (19)WRIT PETITION NO.2647 OF 2025 (19)WRIT PETITION NO.2647 OF 2025 WITH WITH (39)WRIT PETITION NO.4694 OF 2025 (39)WRIT PETITION NO.4694 OF 2025 WITH WITH (41)WRIT PETITION NO.4697 OF 2025 (41)WRIT PETITION NO.4697 OF 2025 WITH WITH (45)WRIT PETITION NO.4706 OF 2025 (45)WRIT PETITION NO.4706 OF 2025 WITH WITH (46)WRIT PETITION NO.4708 OF 2025 (46)WRIT PETITION NO.4708 OF 2025 WITH WITH (49)WRIT PETITION NO.4715 OF 2025 (49)WRIT PETITION NO.4715 OF 2025 WITH WITH (50)WRIT PETITION NO.4716 OF 2025 (50)WRIT PETITION NO.4716 OF 2025 WITH WITH (51)WRIT PETITION NO.4718 OF 2025 (51)WRIT PETITION NO.4718 OF 2025 WITH WITH (52)WRIT PETITION (ST)NO.9820 OF 2025 (52)WRIT PETITION (ST)NO.9820 OF 2025 WITH (94)WRIT PETITION NO.2814 OF 2025 (94)WRIT PETITION NO.2814 OF 2025 WITH (98)WRIT PETITION NO.3423 OF 2025 (98)WRIT PETITION NO.

3423 OF 2025 WITH (99)WRIT PETITION NO.3425 OF 2025 (99)WRIT PETITION NO.3425 OF 2025 WITH (101)WRIT PETITION NO.3449 OF 2025 (101)WRIT PETITION NO.3449 OF 2025 WITH (107)WRIT PETITION NO.4460 OF 2025 (107)WRIT PETITION NO.4460 OF 2025 WITH (108)WRIT PETITION NO.4461 OF 2025 (108)WRIT PETITION NO.4461 OF 2025 WITH (111)WRIT PETITION NO.4464 OF 2025 (111)WRIT PETITION NO.4464 OF 2025 WITH (132)WRIT PETITION NO.4705 OF 2025 (132)WRIT PETITION NO.

Sayyed 18-WP.2646.2025 & ors.docx WITH (133)WRIT PETITION NO. 4710 OF 2025 (133)WRIT PETITION NO. 4710 OF 2025 WITH (134)WRIT PETITION NO.4713 OF 2025 WITH (135)WRIT PETITION NO.4714 OF 2025 (135)WRIT PETITION NO.4714 OF 2025 _____________________________________________________ Dr.. Ramdas Sabban a/w Mr. Shrikanth Kompelli and Mr. Rohit Chitiken Dr.. Ramdas Sabban a/w Mr. Shrikanth Kompelli and Mr. Rohit Chitiken for the Petitioner in all these petitions.

for the Petitioner in all these petitions.

Mr. Akshay P. Shine, 'B' Panel a/w Ms. M. S. Bane, AGP for the Mr. Akshay P. Shine, 'B' Panel a/w Ms. M. S. Bane, AGP for the Respondent-State.

Respondent-State.

Mr. Sagar Varma (through VC) i/b. Mr. Sagar Laddha for Respondent Mr. Sagar Varma (through VC) i/b. Mr. Sagar Laddha for Respondent No.3.

No.3.

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

DATED : 8 April 2025 PC.:- 1.

Heard learned counsel for the parties.

In all these matters, the Petitioners contend that they have not In all these matters, the Petitioners contend that they have not been paid the statutory benefits like been paid the statutory benefits like solatium and interest in terms of solatium and interest in terms of the law laid down by the Hon'ble Supreme Court in the case of the law laid down by the Hon'ble Supreme Court in the case of Union of Union of India Vs Tarsem Singh and Ors India Vs Tarsem Singh and Ors.1.

The learned counsel for the Respondent-State and Highway The learned counsel for the Respondent-State and Highway Authorities have no objections to complying with the law laid down in Authorities have no objections to complying with the law laid down in Tarsem Singh (supra) Tarsem Singh (supra) and pay the Petitioners the statutory dues, if the and pay the Petitioners the statutory dues, if the same have not been already been paid and further if, the Petitioners are same have not been already been paid and further if, the Petitioners are eligible to receive the same.

eligible to receive the same.

Mr. Sagar Varma, learned counsel for Highway Authorities Mr. Sagar Varma, learned counsel for Highway Authorities raise some objections with regard to some of the Petitioners by raise some objections with regard to some of the Petitioners by 1 (2019) 9 SCC 304

Sayyed 18-WP.2646.2025 & ors.docx submitting that the decision in submitting that the decision in Tarsem Singh (supra) Tarsem Singh (supra) would apply only would apply only to acquisition after 2015.

to acquisition after 2015.

At this stage, we are not going into such issues. All that we At this stage, we are not going into such issues. All that we direct is that the Petitioners must be paid the statutory benefits of direct is that the Petitioners must be paid the statutory benefits of solatium and interest in terms of the law laid down in solatium and interest in terms of the law laid down in Tarsem Singh Tarsem Singh (supra) (supra) if they have not already been paid such benefits and if they are if they have not already been paid such benefits and if they are found to be eligible to receive such benefits. found to be eligible to receive such benefits. 6.

The above exercise must be completed within three months of The above exercise must be completed within three months of the uploading of this order.

the uploading of this order.

The Petitions are disposed of in the above terms without any The Petitions are disposed of in the above terms without any cost order. All concerned to act on an authenticated copy of this order. cost order. All concerned to act on an authenticated copy of this order. (Jitendra Jain, J.) (M. S. Sonak, J.)