Surekha Nivrutti Kedar v. The State Of Maharshtra Thr Gp And ORS
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION VASANT ANANDRAO IDHOL WRIT PETITION NO.9570 OF 2025 by VASANT ANANDRAO IDHOL Date: 2025.09.11 16:17:38 +0530 Shri Ramdhan Shelke
...Petitioner
WRIT PETITION NO.9571 OF 2025 Shri Bapu Pandharinath Gunjal
...Petitioner
WRIT PETITION NO.9572 OF 2025 Shri Somnath Trimbak Aher Deceased through legal heirs
...Petitioners.
WRIT PETITION NO.9573 OF 2025 Shri Prakash Waman Watpade WRIT PETITION NO.9575 OF 2025 Shri Madhav J. Bhoi Deceased through legal heirs
...Petitioners
1/9
WRIT PETITION NO.9576 OF 2025 Sou. Mamatabai Shelke WRIT PETITION NO.9578 OF 2025 Shri Suresh Pathare WRIT PETITION NO.9581 OF 2025 Shri Ramnath Shelke
...Petitioner
WRIT PETITION NO.9583 OF 2025 Shri Karbhari Kandekar
...Petitioner
WRIT PETITION NO.9585 OF 2025 Shri Arjun Makani
...Petitioner
2/9
WRIT PETITION NO.9588 OF 2025 Prakash Dagu Watpade WRIT PETITION NO.9640 OF 2025 Shri Ashok Madhavrao Sathe WRIT PETITION NO.10127 OF 2025 Maruti M. Fad WRIT PETITION NO.10132 OF 2025 Madhav Avhad WRIT PETITION NO.11511 OF 2025 Mohansingh B. Pandit 3/9
WRIT PETITION NO.11512 OF 2025 Dagu L. More WRIT PETITION NO.11513 OF 2025 Radhakisan K. Sanap WRIT PETITION NO.11515 OF 2025 Karbhari Kandekar WRIT PETITION NO.11516 OF 2025 Maruti Fad WRIT PETITION NO.11517 OF 2025 Nivrutti Kedar 4/9
WRIT PETITION NO.11519 OF 2025 Surekha N. Kedar WRIT PETITION NO.11521 OF 2025 Manohar M. Kute WRIT PETITION NO.11522 OF 2025 Manohar K. Shelke WRIT PETITION NO.11523 OF 2025 Arjun Makani Mr. Sachin Gite, for the Petitioners in all the Petitions. Mr.Rakesh Singh with Ms.Heena Shaikh i/b M.V. Kini & Co. for Respondents Nos.2 to 4 - NHAI in all the WPs. Ms.PM Joshi Deshpande, AGP for the Respondent - State in WP 9570 of 2025.
Mr.M.M. Pable, AGP for the Respondent - State in WP 9571 of 2025, 9578 of 2025 & 9572 of 2025 & 11517 of 2025 and 11523 of 2025. 5/9
Mr.B.V. Samant, Addl.GP for the Respondent - State in WP 9573 of 2025 & 11522 of 2025.
Mrs.T.N. Bhatia, AGP for the Respondent - State in WP 9575 of 2025 & 11513 of 2025.
Ms.Leena Patil, AGP for the Respondent - State in WP 9576 of 2025. Mr.S.P. Kamble, AGP for the Respondent - State in WP 9581 of 2025. Mr.Ketan Joshi, AGP "B" Panel counsel for the Respondent - State in WP 9583 of 2025.
Mr.K.S. Thorat, AGP "B" Panel counsel for the Respondent - State in WP 9585 of 2025, 11515 of 2025, 11519 of 2025. Mr.R.S. Pawar, AGP for the Respondent - State in WP 9588 of 2025 & 9640 of 2025 and 10132 of 2025.
Ms.M.S. Bane, AGP for the Respondent - State in WP 10127 of 2025, 11511 of 2025 & 11512 of 2025.
Ms.Pooja Patil, AGP for the Respondent - State in WP 11516 of 2025. Mr.A.I. Patel, Addl.G.P. for the Respondent - State in WP 11521 of 2025.
CORAM :
REVATI MOHITE DERE & SANDESH D. PATIL, JJ.
DATE : 4TH SEPTEMBER, 2025.
P.C. :- 1.
Since the issue involved in the aforesaid Petitions is identical and which fact is not disputed by the learned counsel for the 6/9
Respondents, all the aforesaid Petitions are being disposed of by a common order.
2.
By these Petitions, the Petitioners seek payment of 30% solatium, 12% of the component and requisite amount of interest in saddition to the market value of the land as provided for under the Land Acquisition Act / Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 3.
Reliance is placed by both, the learned counsel for the Petitioners and learned counsel for the Respondents on the decision of the Apex Court in the case of Union of India vs. Tarsem, Singh & Ors. reported in (2019) 9 SCC 304.
4.
Learned counsel for the Respondents does not dispute that the decision in Tarsem Singh (supra) applies to all the Petitioners in the aforesaid Petitions. He further states that the National Highway Authority of India (NHAI) has filed a Review Petition seeking review of of Tarsem's decision and that the said Review Petition is pending before the Supreme Court.
5.
Considering the aforesaid, since the Petitioners are squarely covered by the judgment of the Apex Court in Tarsem Singh (supra), 7/9
we direct the Petitioners to furnish the copy of the award to NHAI within a period of one week from the date of uploading of this order to facilitate the NHAI to compute the solatium and interest in accordance with law.
6.
We further direct that the NHAI shall thereafter, compute solatium and interest, in accordance with the principle of law as laid down in the case of Tarsem Singh (supra) within three months from the date on which the Petitioners furnish a copy of the award to the NHAI.
7.
The computed amount shall thereafter be deposited by the NHAI with the Collector of the concerned Districts, within one week i.e. after computing the solatium and interest. 8.
Since the NHAI has filed a Review Petition seeking review of Tarsem Singh's (supra) decision before the Supreme Court and the same is pending, we direct the Collector not to disburse the said amount to the respective Petitioners.
9.
Needless to state, that the disbursement will be subject to the out come of the Review Petition. Learned AGPs appearing for the Collector submit that in the event the Review Petition filed by the the 8/9
NHAI is dismissed, the concerned Collector will forthwith start disbursing the said amount to the Petitioners. Statement made by the respective AGPs is accepted.
10.
The aforesaid Petitions stand disposed of on the aforesaid terms.
11.
List the aforesaid Petition for reporting compliance of the order on 17th December, 2025.
(SANDESH D. PATIL, J.) (REVATI MOHITE DERE, J.) 9/9