Mohan Budhaji Chaudhari v. The Union Of India

916 to 966 (NHAI).odtIN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD916 WRIT PETITION NO. 11687 OF 2025Mohan Budhaji ChaudhariVERSUSThe Union Of India Through The Deputy Secretary And OthersAND917 WRIT PETITION NO. 11688 OF 2025Vilas Bhila Patil Died Thr Lrs Mahendra Vilas Sonawane And AnotherVERSUSThe Union Of India Through The Deputy Secretary And OthersAND918 WRIT PETITION NO. 11689 OF 2025Jijabai Baburao Patil Died Thr Lrs Kautik Baburao SasleVERSUSThe Union Of India Through The Deputy Secretary And OthersAND919 WRIT PETITION NO. 11690 OF 2025Prakashsing Murarsing Pawar And OthersVERSUSThe Union Of India Through The Deputy Secretary And OthersAND920 WRIT PETITION NO. 11691 OF 2025Vijay Bhalchandra Wankhede Death Mahesh Vijay Wankhede Sonar And AnotherVERSUSThe Union Of India Through The Deputy Secretary And OthersAND921 WRIT PETITION NO. 11692 OF 2025Vijay Rajaram PatilVERSUSThe Union Of India Through The Deputy Secretary And OthersAND922 WRIT PETITION NO. 11693 OF 2025Ramdas Dhashrath Mahale Died Thr Lrs Gopal Ramdas Mahale And AnotherVERSUSThe Union Of India Through The Deputy Secretary And OthersAND923 WRIT PETITION NO. 11694 OF 2025Imam Khan Bismilla Khan And AnotherVERSUSThe Union Of India Through The Deputy Secretary And OthersAND924 WRIT PETITION NO. 11695 OF 2025Ramanlal Sonraj Jain Died Thr Lrs Shakuntalabai Ramanlal Jain And OthersVERSUSThe Union Of India Through The Deputy Secretary And OthersAND925 WRIT PETITION NO. 11696 OF 2025Sonal Bhausaheb MagarVERSUSThe Union Of India Through The Deputy Secretary And OthersAND926 WRIT PETITION NO. 11697 OF 2025[1] 916 to 966 (NHAI).odtPramod Mohanlal Jain And AnotherVERSUSThe Union Of India Through The Deputy Secretary And OthersAND927 WRIT PETITION NO. 11698 OF 2025Inderchand Khemchand JainVERSUSThe Union Of India Through The Deputy Secretary And OthersAND928 WRIT PETITION NO. 11699 OF 2025Hiralal Atmaram DeoreVERSUSThe Union Of India Through The Deputy Secretary And OthersAND929 WRIT PETITION NO. 11700 OF 2025Eknath Vedu Patil Died Through Lrs Meena Eknath Patil And OthersVERSUSThe Union Of India Through The Deputy Secretary And OthersAND930 WRIT PETITION NO. 11701 OF 2025Jijabai Jagannath PatilVERSUSThe Union Of India Through The Deputy Secretary And OthersAND931 WRIT PETITION NO. 11702 OF 2025Dattu Bhivsan KhairnarVERSUSThe Union Of India Through The Deputy Secretary And OthersAND932 WRIT PETITION NO. 11703 OF 2025Sumanbai Aba PatilVERSUSThe Union Of India Through The Deputy Secretary And OthersAND933 WRIT PETITION NO. 11704 OF 2025Deelip Pundalik RajputVERSUSThe Union Of India Through The Deputy Secretary And OthersAND934 WRIT PETITION NO. 11705 OF 2025Sagarchand Manakchand TatiyaVERSUSThe Union Of India Through The Deputy Secretary And OthersAND935 WRIT PETITION NO. 11706 OF 2025Himmat Mahadu Bhil Died Through Lrs Shrawan Himmat Bhavre And AnotherVERSUSThe Union Of India Through The Deputy Secretary And OthersAND936 WRIT PETITION NO. 11707 OF 2025Rajashree Mahavir JainVERSUSThe Union Of India Through The Deputy Secretary And OthersAND937 WRIT PETITION NO. 11708 OF 2025[2] 916 to 966 (NHAI).odtMeenabai Bhagwan PatilVERSUSThe Union Of India Through The Deputy Secretary And OthersAND938 WRIT PETITION NO. 11709 OF 2025Naseembi Maksood Ahmed And OthersVERSUSThe Union Of India Through The Deputy Secretary And OthersAND939 WRIT PETITION NO. 11710 OF 2025Sachin Vasantrao ZendeVERSUSThe Union Of India Through The Deputy Secretary And OthersAND940 WRIT PETITION NO. 11711 OF 2025Sachin Vasantrao ZendeVERSUSThe Union Of India Through The Deputy Secretary And OthersAND941 WRIT PETITION NO. 11712 OF 2025Meerabai Yashwant SaulnkheVERSUSThe Union Of India Through The Deputy Secretary And OthersAND942 WRIT PETITION NO. 11713 OF 2025Mahesh Raghunath SonarVERSUSThe Union Of India Through The Deputy Secretary And OthersAND943 WRIT PETITION NO. 11714 OF 2025Bhatu Govind Patil Died Thr Lrs Janabai Bhatu Sonawane And OthersVERSUSThe Union Of India Through The Deputy Secretary And OthersAND944 WRIT PETITION NO. 11715 OF 2025Bhatu Govind Patil Died Thr Lrs Janabai Bhatu Sonawane And OthersVERSUSThe Union Of India Through The Deputy Secretary And OthersAND945 WRIT PETITION NO. 11716 OF 2025Deelip Narayan PingaleVERSUSThe Union Of India Thr The Deputy Secretary And OthersAND946 WRIT PETITION NO. 11718 OF 2025Prakash Sambahji WaghVERSUSThe Union Of India Through The Deputy Secretary And OthersAND947 WRIT PETITION NO. 11719 OF 2025Deelip Pundalik RajputVERSUSThe Union Of India Through The Deputy Secretary And OthersAND948 WRIT PETITION NO. 11720 OF 2025Sagarchand Manakchand Tatiya[3] 916 to 966 (NHAI).odtVERSUSThe Union Of India Through The Deputy Secretary And OthersAND949 WRIT PETITION NO. 11721 OF 2025Arun Budhaji ChaudhariVERSUSThe Union Of India Through The Deputy Secretary And OthersAND950 WRIT PETITION NO. 11722 OF 2025Sagarchand Manakchand TatiyaVERSUSThe Union Of India Through The Deputy Secretary And OthersAND951 WRIT PETITION NO. 11723 OF 2025Ukha Garabad Bhil Died Thr Lrs Sarubai Ukha Bhil And OthersVERSUSThe Union Of India Through The Deputy Secretary And OthersAND952 WRIT PETITION NO. 11724 OF 2025Nandkumar Motiram PatilVERSUSThe Union Of India Through The Deputy Secretary And OthersAND953 WRIT PETITION NO. 11725 OF 2025Aminabi Shaikh Fattu Death Shaikh Akabar Shaikh FattuVERSUSThe Union Of India Through The Deputy Secretary And OthersAND954 WRIT PETITION NO. 11774 OF 2025Ujwala Sanjay Pawar And OthersVERSUSThe Union Of India Through The Deputy Secretary And OthersAND955 WRIT PETITION NO. 11775 OF 2025Ramabai Bhaskar Kasar Died Thr Lrs Pradip Bhaskar Kolapkar Kasar And OthersVERSUSThe Union Of India Through The Deputy Secretary And OthersAND956 WRIT PETITION NO. 11776 OF 2025Walmik Abhiman KoliVERSUSThe Union Of India Through The Deputy Secretary And OthersAND957 WRIT PETITION NO. 11777 OF 2025Vilas Bhila Patil Died Thr Lrs Mahendra Vilas Sonawane And AnotherVERSUSThe Union Of India Through The Deputy Secretary And OthersAND958 WRIT PETITION NO. 11778 OF 2025Bhagwandas Ramlal Agrawal Huf Karta Shrikisan Bhagwandas Agrawal And AnrVERSUSThe Union Of India Through The Deputy Secretary And OthersAND959 WRIT PETITION NO. 11779 OF 2025Jagatrao Ramesh PatilVERSUS[4] 916 to 966 (NHAI).odtThe Union Of India Through The Deputy Secretary And OthersAND960 WRIT PETITION NO. 11780 OF 2025Kedarnath Gangadhar BadhanVERSUSThe Union Of India Through The Deputy Secretary And OthersAND961 WRIT PETITION NO. 11781 OF 2025Sagar Chandrabhan AaherVERSUSThe Union Of India Through The Deputy Secretary And OthersAND962 WRIT PETITION NO. 11782 OF 2025Pawan Shrikisan AgrawalVERSUSThe Union Of India Through The Deputy Secretary And OthersAND963 WRIT PETITION NO. 11783 OF 2025Jagatrao Ramesh PatilVERSUSThe Union Of India Through The Deputy Secretary And OthersAND964 WRIT PETITION NO. 11785 OF 2025Tarachand Sagarmal AgrawalVERSUSThe Union Of India Through The Deputy Secretary And OthersAND965 WRIT PETITION NO. 11786 OF 2025Sanjay Bhalchandra Wankhede And AnotherVERSUSThe Union Of India Through The Deputy Secretary And OthersAND966 WRIT PETITION NO. 11826 OF 2025Devidas Hiraman PatilVERSUSThe Union Of India Through The Deputy Secretary And Others…Advocate for the petitioners in all the petitions :- Mr. A. D. SonarAGPs for respondents/State in respective petitions :- Mr. A. B. Girase, Government Pleader,Mr. S. K. Tambe, Mr. V. M. Kagne, Mr. R. S. Wani, Mr. S. B. Narwade and Mr. A. M. Phule.Senior Panel Advocate/Central Government Counsel for respondents/Union of India inrespective petitions :- Mr. N. U. Yadav, Ms. Mayuri Kasturkar, Mr. R. S. Sarvadnya, Mr. RajeshMewara, Mr. Akshay Kulkarni, Mr. S. W. Munde, Mr. N. T. Tribhuwan, Mr. A. R. Borulkar, Mr. R. B.Bagul, Mr. M. A. Golegaonkar, Mr. N. S. Salunke, Mr. Rajendra D. Sanap, Mr. N. T. Bhagat, Mr. RaviBangar, Mr. S. S. Deve and Mr. U. B. Bondar.Advocate for the respondent/NHAI in all the petitions :- Mr. Deepak S. Manorkar.... CORAM : SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ. DATE : 17 DECEMBER 2025[5] 916 to 966 (NHAI).odtORDER :.All the petitions raise similar issues. 2.We have heard learned Advocates representing all the parties. 3.Learned Advocates for the petitioners have pointed out that earlier ingroup of matters i.e. Writ Petition No.240 of 2023 with companion matters(Rajendra Namdev Patil and others vs. The Competent Authority LandAcquisition), this Court had passed an order on 17.07.2025. Thereafter, again inWrit Petition No.7866 of 2021 with companion matters (Shilpa Rajendra ShinveVs. The National Highway Authority of India, Through its Project Director andanother), order came to be passed on 08.08.2025, wherein order in RajendraNamdev Patil and others (Supra) was reproduced. Even it was expressed by theCoordinate Bench of this Court that in view of the order passed in Writ PetitionNo.12512 of 2019 (Trimbak Aadhar Bhamre and Anr. Vs. The Union of India andothers with connected writ petitions), the same relief deserves to be granted,however, it appears that from the respondent/NHAI, there were submissions. ThisCourt then based on Union of India and another Vs. Tarsem Singh and others,[(2019) 9 SCC 304], held that the petitioners would be entitled to solatium andinterest on compensation amount in accordance with the principles laid downtherein. When we have also expressed our view similar to the decision that hasbeen taken by the earlier Benches, as they are in fact based on Union of India andanother Vs. Tarsem Singh and others (Supra), the learned Advocate representingNHAI in all the matters have submitted that review petition has been filed by[6] 916 to 966 (NHAI).odtNHAI before the Hon’ble Supreme Court. By order dated 03.11.2025 (ReviewPetition (Civil) Diary No(s)44096 of 2025), the delay was condoned and noticehas been issued. Important point to be noted is that the fact of review petitionthat has been filed was taken note of by this Court in Writ Petition No.7866 of2021 and companion matters and it was observed that mere filing of reviewpetition would not detain this Court from disposing of the writ petitions, in thelight of the fact that petitions raising identical issues have been already disposedof earlier by this Court. We are also of the same view. However, till the reviewpetition is decided, we are governed by the decision in Union of India andanother Vs. Tarsem Singh and others (Supra) and, therefore, we also dispose ofall the writ petitions in the following terms :-(a)In the light of above, these petitions are allowed by directing thecompetent authorities to compute and pay to the petitioners solatium andinterest in accordance with the principles enunciated in the case of Unionof India and another Vs. Tarsem Singh and others (Supra) within a periodof six (6) months from today.(b)It is made clear that the petitioners shall assist the competentauthorities by producing all relevant documents and upon verification ofthe same, the competent authorities shall proceed further. It is alsoclarified that payments made pursuant to the directions given hereinabove, shall be subject to the challenges, if any, raised under Sections 34and 37 of the Arbitration and Conciliation Act, 1996.[7] 916 to 966 (NHAI).odt(c)In the light of the observations made herein above, it is furthermade clear that if any of the parties are aggrieved by the quantum andcomputation carried out by the competent authority while carrying out thedirections given herein above, the remedy of Section 3G (5) of theNational Highways Act, 1956 would be available to such aggrieved party inaccordance with law. It is further made clear that the competent Authoritywhile implementing the directions given herein above shall give reasonablehearing to all stake holders.(d)The decision would then be ultimately subject to the outcome of thereview petition before the Hon’ble Supreme Court.4.Pending applications, if any, also stand disposed of. [ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGEscm[8]