High Court
Legal Reasoning
920(A) & 984-WP-12512-2019+group.odtIN THE HIGH COURT OF JUDICATURE OF BOMBAYBENCH AT AURANGABAD920 WRIT PETITION NO. 12512 OF 2019TRIMBAK AADHAR BHAMRE AND ANOTHERVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 13206 OF 2021MOHAN ADHAR MALI SURYAWANSHI AND OTHERSVERSUSTHE UNION OF INDIA THR THE DEPUTY SECRETARY ANDOTHERSWITHWRIT PETITION NO. 13208 OF 2021SURESH BHAVARLAL SONI AND OTHERSVERSUSTHE UNION OF INDIA THR DEPUTY SECRETARY AND OTHERSWITHWRIT PETITION NO. 13209 OF 2021RAVINDRA RAMCHANDRA PATIL AND ANOTHERVERSUSTHE UNION OF INDIA THR THE DEPUTY SECRETARY ANDOTHERSWITHWRIT PETITION NO. 12092 OF 2021BHAGWAN MARUTI AMPALKARVERSUSTHE UNION OF INDIA AND OTHERS 1 of 15 (( 2 )) 920(A) & 984-WP-12512-2019+groupWITHWRIT PETITION NO. 12104 OF 2021RAGHUNATH LAXMAN DESHMUKH THORUGH LRS SURESHRAGHUNATH DESHMUKH AND OTHERSVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 13237 OF 2021BHAGWAN MARUTI AMPALKARVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 11941 OF 2021SUBHASH VIRCHAND SHAHVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 12454 OF 2021YUVRAJ AVACHIT MALI THROUGH LRS SHOBHABAI YUVRAJ MALIAND OTHERSVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 13235 OF 2021PREMA JOLU VASAVE AND OTHERSVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 13238 OF 2021DEVDAN LAKDYA GAVIT (DIED) HIS LEGAL HAIRVERSUSTHE UNION OF INDIA AND OTHERS 2 of 15 (( 3 )) 920(A) & 984-WP-12512-2019+groupWITHWRIT PETITION NO. 13232 OF 2021SHARDABAI SURESH PATILVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 13236 OF 2021JYOTI SATISH SHIRODEVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 13239 OF 2021RUBJI HINDADA GAVITVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 13219 OF 2021MOHAMMAD FAJALE HUSEN AND OTHERSVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 13216 OF 2021VASANTIBAI RAMDAS GAVIT AND OTHERSVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 13215 OF 2021RAMESH DAYARAM PATILVERSUSTHE UNION OF INDIA, AND OTHERS 3 of 15 (( 4 )) 920(A) & 984-WP-12512-2019+groupWITHWRIT PETITION NO. 13234 OF 2021RATILAL BHIKA PAWARVERSUSTHE UNION OF INDIA, AND OTHERSWITHWRIT PETITION NO. 13233 OF 2021RAMKRUSHNA DNYANESHWAR JOSHI AND OTHERSVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 12348 OF 2021RAMESHLAL BHISHESHWARLAL KANUGOVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 13213 OF 2021PRAVIN SOMNATH CHAUDHARI AND ANOTHERVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 13214 OF 2021BHALCHANDRA RAJARAM SURYAWANSHI AND OTHERSVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 12102 OF 2021SUDHIR WAMAN KOTHAWADE SINCE DECEASED THR LRS NIKHILSUDHIR KOTHAWADE AND OTHERSVERSUSTHE UNION OF INDIA AND OTHERS 4 of 15
Legal Reasoning
(( 5 )) 920(A) & 984-WP-12512-2019+groupWITHWRIT PETITION NO. 12322 OF 2021RAJARAM RAGHO PATIL ALIAS SURYAWANSHI SINCE DECEASEDTHR LRS BHALCHANDRA RAJARAM PATILVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 11938 OF 2021DEELIP MUKUNDA PATILVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 11943 OF 2021INDUBAI SAHEBRAO SURYAWANSHIVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 7947 OF 2020RAJENDRA HIRAMAN MUJAGE AND OTHERSVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 12060 OF 2021SHRIRAM BHIVSAN CHAUDHARI AND ANOTHERVERSUSTHE UNION OF INDIA AND OTHERS 5 of 15 (( 6 )) 920(A) & 984-WP-12512-2019+groupWITHWRIT PETITION NO. 7753 OF 2020SHRIRAM BHIVSAN CHAUDHARIVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 11942 OF 2021SHRIRAM BHIVSAN CHAUDHARI AND ANOTHERVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 7744 OF 2020NITIN VITTHAL CHAUDHARYVERSUSTHE UNION OF INDIA THROUGH DEPUTY SECRETARY ANDOTHERSWITHWRIT PETITION NO. 12093 OF 2021REKHA KISHOR BARIVERSUSTHE UNION OF INDIA THROUGH DEPUTY SECRETARY ANDOTHERSWITHWRIT PETITION NO. 12309 OF 2021RAJARAM RAGHO PATIL ALIAS SURYAWANSHI SINCE DECEASEDTHR LRSVERSUSTHE UNION OF INDIA AND OTHES 6 of 15 (( 7 )) 920(A) & 984-WP-12512-2019+groupWITHWRIT PETITION NO. 13223 OF 2021MOHANBHAI TEJABHAI PATEL AND OTHERSVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 13224 OF 2021YATISH SUNIL CHAUDHARI AND OTHERS ANOTHERVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 13212 OF 2021MANSARAM GULABCHAND LOHARVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 13228 OF 2021SHAIKH ABDUL HAJI ABDUL REHMAN AND OTHERSVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 12294 OF 2021MOHAN KANJI PATEL AND ANOTHERVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 13220 OF 2021SURESH PITAMBAR BAVISKAR SINCE DECEASED THR HIS LRSSHASHIKLA SURESH BAVISKARVERSUSTHE UNION OF INDIA THROUGH ITS DEPUTY SECRETARY ANDOTHERS 7 of 15 (( 8 )) 920(A) & 984-WP-12512-2019+groupWITHWRIT PETITION NO. 13222 OF 2021RAMESH RAJARAM MORE AND OTHERSVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 1095 OF 2021DHARMARAJ SADASHIV TISGEVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 12388 OF 2021ANIL RAMDEV GINDODIAVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 13207 OF 2021VIMALBAI BHATU PATILVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 12902 OF 2021SUSHIL LALCHAND POPALIVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 12910 OF 2021SUSHIL LALCHAND POPALIVERSUSTHE UNION OF INDIA AND OTHERS 8 of 15 (( 9 )) 920(A) & 984-WP-12512-2019+groupWITHWRIT PETITION NO. 13210 OF 2021PRATAPSINGH JAGATSING RAJPUT SINCE DECESED THR HIS LRSSMT MEENABAI PRATAPSING RAJPUT AND ANOTHERVERSUSTHE UNION OF INDIA THR THE DEPUTY SECRETARY AND OTHERSWITHWRIT PETITION NO. 13225 OF 2021PRATAPSINGH JAGATSING RAJPUT SINCE DECEASED THR HIS LRSSMT MEENABAI PROTAPSING RAJPUT AND ANOTHERVERSUSTHE UNION OF INDIA THROUGH THE DEPUTY SECRETARY ANDOTHERSWITHWRIT PETITION NO. 13211 OF 2021TARACHAND SHIVLAL DAGA DEAD AND OTHERSVERSUSTHE UNION OF INDIA THROUGH DEPUTY SECRETARY ANDOTHERSWITHWRIT PETITION NO. 12570 OF 2019MADHUKAR SITARAM PATIL AND ANOTHERVERSUSTHE UNION OF INDIA THROUGH DEPUTY SECRETARY ANDOTHERSWITHWRIT PETITION NO. 12513 OF 2019ASHOK ALIAS ONKAR SHAMRAO PATIL (BORSE) AND OTHERSVERSUSTHE UNION OF INDIA THROUGH DEPUTY SECRETARY ANDOTHERS 9 of 15 (( 10 )) 920(A) & 984-WP-12512-2019+groupWITHWRIT PETITION NO. 12586 OF 2019DHANANJAY SANTOSH PATIL AND ANOTHERVERSUSTHE UNION OF INDIA AND OTHERSWITHWRIT PETITION NO. 12554 OF 2019KHANDU DHARMA PATIL THROUGH LRS RAJESH KHANDERAOBORSE AND ANOTHERVERSUSTHE UNION OF INDIA AND OTHERSAND984 WRIT PETITION NO. 12597 OF 2023BHALCHANDRA BALIRAM DAHITEVERSUSTHE GOVERNMENT OF INDIA AND OTHERS.…Mr. Rahul A. Tambe, Mr. Vikrant P. Raje a/w Mr. Mukul Kulkarni, MsSakshi A. Kale, Ms Yugandhara Abhijit Namde, Mr. Mohit Shah Mr. P.S. Shendurnikar, Advocates for the Petitioners in respective Petitions Mr. D. S. Manorkar, Mr. Ajay G. Talhar, Ms Sudha Chintamani, Mr. R.B. Bhosale, Mr. Bhushan B. Kulkarni, Ms Sudha Kulthe, Mr. D. S.Nagode, Mr. S. W. Munde Mr. Sagar Varma a/w Mr. Sagar Ladda, Mr.A. N. Patale, Mr. S. S. Deve, Mr. R. R. Bangar, Advocates for therespective Respondents in respective PetitionsMr. R. K. Ingole, AGP for the Respondents – State .…CORAM: RAVINDRA V. GHUGE ANDY. G. KHOBRAGADE, JJ.DATE:26.06.2025 10 of 15 (( 11 )) 920(A) & 984-WP-12512-2019+groupFINAL ORDER (Per:- Ravindra V. Ghuge, J.) :- 1.In matters wherein the learned Advocate Shri AbhijitNamde, unfortunately passed away, we permit the learned AdvocateMs Yugandhara Abhijit Namde, to file Vakalatnama on behalf of thePetitioners, within four weeks. 2.We have considered the submissions of the learnedAdvocates for the Petitioners and the learned Advocate Shri SagarVarma and Shri Manorkar, on behalf of the NHAI. The learned DSGIappears for the Union of India and the Competent Authority. 3.It is undisputed that these Petitioners base their prayerson the judgment delivered by the Hon’ble Supreme Court in Union ofIndia and Another Vs. Tarsem Singh and Others, (2019) 9 SCC 304.Pursuant to the said judgment, there has been a clarificatory orderdated 30.07.2021, passed in Miscellaneous Application DiaryNo.2572 of 2020 in Civil Appeal No.7086 of 2019 (National HighwayAuthority of India & Anr. Vs. Tehal Singh & Ors.).4.The Union of India and NHAI had preferred severalReview Petitions before the Hon’ble Supreme Court bearing 11 of 15 (( 12 )) 920(A) & 984-WP-12512-2019+groupMiscellaneous Application No.1773 of 2021 in Civil Appeal No.7064of 2019 (Union of India and another Vs. Tarsem Singh and others).By a judgment dated 04.02.2025, all the Review Petitions weredismissed by specifically observing that there is no merit in thecontentions raised by the Applicant, NHAI. The principles establishedin Tarsem Singh (supra) were re-affirmed regarding the beneficialnature of granting solatium and interest, while emphasizing the needto avoid creating unjust classifications without intelligibledifferentiation. While disposing off the Appeals vide order dated04.02.2025, the Hon’ble Supreme Court directed the CompetentAuthority to calculate the amount of solatium and interest inaccordance with the directions issued in Tarsem Singh (supra).5.This Court, at the Principal Seat, in Writ PetitionNo.11932 of 2019 (Hiraman Namdeo Lonare and others Vs. TheUnion of India and Others) and a group of cases, vide judgment dated08.04.2025, recorded that the parties agree that the main issueinvolved in the Petitions was covered by the decision in Tarsem Singh(supra).6.In view of the application made by the NHAI in 12 of 15 (( 13 )) 920(A) & 984-WP-12512-2019+groupMiscellaneous Application Diary No.2572 of 2020 in Civil AppealNo.7086 of 2019, the Hon’ble Supreme Court had passed an order on30.07.2021, clarifying that the words “(1A) and” appearing inparagraph 41 of the judgment dated 19.09.2019, be deleted.Accordingly, the relief that was granted, was in terms of Section 23and 28 of the Land Acquisition Act, 1894 and not under Section23(1A).7.In Hiraman Namdeo Lonare (supra), the judgment of theHon’ble Supreme Court dated 04.02.2025 (supra), was also cited. Itwas observed by this Court that the NHAI would compute and pay thePetitioners, solatium and interest in accordance with the principleslaid down in the said matters, within three months of the uploadingof the order dated 08.04.2025. 8.Thereafter, the judgment was delivered by the Hon’bleSupreme Court on 04.02.2025, rejecting all the Review Petitions.Neither the Petitioners, nor the NHAI, have ever challenged theArbitral Awards before any Court. 13 of 15
Decision
(( 14 )) 920(A) & 984-WP-12512-2019+group9.With regard to the objection on the maintainability ofthese Petitions, an identical issue was raised before this Court at thePrincipal Seat in Writ Petition No.9608 of 2023 (Kisanlal BairudasJain Vs. Union of India and others) and group of cases. By judgmentdated 09.05.2025, this Court referred to the law laid down by theHon’ble Supreme Court in M/s Godrej Sara Lee Ltd Vs. The Exciseand Taxation Officer-cum-Assessing Authority and Ors, 2023 (384)ELT 8 (SC) and delivered a verdict concluding that the objection tothe maintainability of the Petitions on the ground of an alternateremedy, is overruled. 10.We direct the Competent Authority to compute and payall these Petitioners, solatium and interest in accordance with theprinciples enunciated in Tarsem Singh (supra), within three monthsfrom today.11.As like the directions set out in Hiraman (supra), werecord that if the payment of such compensation is delayed or iswrongly concluded on assumptions and presumptions, we would holdthe Officers of the Competent Authority, responsible for the delayed 14 of 15 (( 15 )) 920(A) & 984-WP-12512-2019+grouppayment or insufficient payment and in which case, if the interest fordelayed payment or insufficient payment is computed, in anyproceeding brought to this Court or before whichever authority, suchinterest component or insufficient payment, will be recovered fromthe salaries of the Officers who are responsible for such erroneouscalculations. 12.Insofar as the contention of the learned Advocate for theNHAI, that there ought not to be a double payment with reference tothe loss of easementary rights at the rate of 10%, since that issue isnot addressed to the Court in these Petitions by the Petitioners andsince the Arbitral Award has not been challenged by the NHAI, we donot have to express any view on this aspect. 13.In view of the above, all these Writ Petitions before us aredisposed off in the light of Tarsem Singh (supra) and the abovereferred orders. [ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ]SMS 15 of 15