Indumati Balasaheb Wagh v. The Competent Authority National Highway Authority Of India And Deputy Collector
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8898 OF 2025 (Sr.No.1) Vitthal Bhaguji Shelke .....Petitioner Vs.
The Competent Authority, National Highway Authority of India & Deputy Collector & Anr.
.....Respondents WITH WRIT PETITION NO.8905 OF 2025 Indumati Balasaheb Wagh .....Petitioner Vs.
The Competent Authority, National Highway Authority of India & Deputy Collector & Anr.
.....Respondents AND WRIT PETITION NO.9104 OF 2025 (Sr.No.174) Tulshiram Baban Shelke ....Petitioner Vs.
The Competent Authority, National Highway Authority of India & Deputy Collector & Anr.
.....Respondents WITH WRIT PETITION NO.8232 OF 2025 Suresh Deoram Zarole
...Petitioner
Vs.
The Competent Authority, National Highway Authority of India & Deputy Collector & Anr.
.....Respondents 1/4
Mr. Pratik B. Rahade, i/b Mr. Pramod Narayan Joshi, for the Petitioners in all the Petitions.
Ms. Leena Patil, B Panel Counsel for Respondent-State. Ms. Heena Shaik i/b M.V.Kini & Co., for Respondent No.2-NHAI. CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.
DATE : 14th JULY 2025.
ORAL ORDER:- (Per Revati Mohite Dere, J.) 1.
Heard learned counsel for the parties.
2.
Rule. Rule is made returnable forthwith in all the aforesaid four Petitions and the said Petitions are taken up for final disposal with the consent of the parties.
3.
Learned counsel for the Petitioners seeks to place reliance on the decision of the Hon'ble Supreme Court in the case of Union of India v. Tarsem Singh & Ors.1 and the decision of this Court in Hiraman Namdeo Lonare & Ors. v. Union of India & Ors.2 He submits that the Petitions in hand are squarely covered by both the aforesaid decisions.
4.
The Petitioners, in all the four Petitions, seek a direction to (2019) 9 SCC 304 WP No.11932 of 2019 with connected Petitions decided on 8.4.2025. 2/4
the Respondents to grant all the statutory benefits of solatium and interest in addition to the amount of compensation as fixed by the Respondent No.1-Competent Authority, National Highway Authority of India & Deputy Collector (Land Acquisition, Nashik) by its various amounts, which are annexed at Exhibit "A" Collectively to the Petitions.
5.
Learned counsel for the Respondents in all the four Petitions do not dispute the fact, that all the Petitions are squarely covered by the decision of the Hon'ble Supreme Court in Tarsem Singh (Supra) and the decision of this Court in Hiraman Namdeo Lonare & Ors. (Supra).
6.
We have perused the decisions in Tarsem Singh (Supra) as well as in Hiraman Namdeo Lonare & Ors. (Supra). 7.
Having perused the aforesaid decisions and having heard learned counsel for the respective parties, we find that the Petitioners' case is squarely covered by the said decisions. 8.
Hence, we direct the National Highway Authority of India (NHAI) to compute and pay the Petitioners' in the aforesaid Petitions, 3/4
solatium and interest in accordance with the principles of law as laid down in Tarsem Singh (Supra) within a period of three months from the date of uploading of this order.
9.
We also direct the Petitioners in all the four Petitions to furnish a copy of the award to NHAI within a period of one week from the date of uploading this order in order to enable the NHAI to compute the solatium and interest in accordance with law. 10.
Rule is made absolute in the aforesaid terms in all the four Petitions.
11.
Petitions stand disposed of accordingly.
12.
All parties to act on an authenticated copy of this order. (DR. NEELA GOKHALE, J.) (REVATI MOHITE DERE, J.) Digitally signed by SHAMBHAVI NILESH SHIVGAN Date:
2025.07.16 12:24:16 +0530 SHAMBHAVI NILESH SHIVGAN 4/4