CWP No.18123 of 202 v. NATIONAL HIGHWAY AUTHORITY OF INDIA & Ors.

HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJ CORAM: HON'BLE MR. JUSTICE HARKESH MANUJ Present: Mr. , Advocate Mr. Raj Karan Singh Verka, Advocate for the petitioners. for the petitioners. HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) ****

1. The present writ petition has been filed under Articles 226/227 of The present writ petition has been filed under Articles 226/227 of The present writ petition has been filed under Articles 226/227 of Constitution of India. The limited relief sought is that the respondents be Constitution of India. The directed limited relief sought is that the respondents be directed provisions of to grant 100% solatium alongwith interest to the petitioners as per provisions of to grant 100% solatium alongwith interest to the petitioner to grant 100% solatium alongwith interest to the petitioner Compensation and Section 30 and The First Schedule of the Right to Fair Compensation and Section 30 and The First Schedule of the Right to Fair Section 30 and The First Schedule of the Right to Fair Transparency in Land Acquisition, Rehabilitation and Transparency in Land Acquisition, Rehabilita Resettlement Act, 2013 (for tion and Resettlement Act, 2013 (for the National Highways Act, 1956 in short, “2013 Act”) for the land acquired under the National Highways Act, 1956 in the National Highways Act, 1956 in short, “2013 Act”) for the land acquired under award dated 10.10.2014 passed by the Competent Authority Land view of award dated 10.10.2014 passed by the Competent Authority Land award dated 10.10.2014 passed by the Competent Authority Land award dated 10.10.2014 passed by the Competent Authority Land Acquisition-cum cum-Sub Divisional Magistrate, Amritsar Sub Divisional Magistrate, Amritsar-II.

2. aim is based on the guidelines/letter dated 28.12.2017 The claim is based on the guidelines/letter dated 28.12.2017 aim is based on the guidelines/letter dated 28.12.2017 The cl regarding ) issued by the Ministry of Road Transport and Highways regarding ) issued by the Ministry of Road Transport and Highways (Annexure P-2) issued by the Ministry of Road Transport and Highways the grant of benefit of 2013 Act to the landowners. the grant of benefit of 2013 Act to the landowners. the grant of benefit of 2013 Act to the landowners.

3. d by them In short, the stand of the petitioners is that certain land owned by them In short, the stand of the petitioners is that certain land owne In short, the stand of the petitioners is that certain land owne was acquired by NHAI vide Notifications dated 05.07.2013 was acquired by NHAI vide and 04.02.2014 under dated 05.07.2013 and 04.02.2014 under CWP No.18123 of 202 2026 (O&M) 2 Sections 3-A and 3 A and 3-D of 1956 Act, respectively namely D of 1956 Act, respectively for public purpose namely building (widening and four laning) maintenance, management and operation “building (widening and four laning) maintenance, management and operation building (widening and four laning) maintenance, management and operation building (widening and four laning) maintenance, management and operation way No.15 (Amritsar Section) on the stretch of land from of the National Highway No.15 (Amritsar Section) on the stretch of land from way No.15 (Amritsar Section) on the stretch of land from of the National High K.M. 112.575 to 116.650 km. (Asr-II) Section in District Amritsar K.M. 112.575 to The award II) Section in District Amritsar”. The award ), whereby dated 10.10.2014 was passed by respondent No.3 (Annexure P-1), whereby dated 10.10.2014 was passed by respondent No. dated 10.10.2014 was passed by respondent No. statutory benefits. The grouse thus is solatium at 30% was granted alongwith other statutory benefits. The grouse thus is statutory benefits. The grouse thus is solatium at 30% was granted alongwith other that in view of the abovesaid letter/guidelines, the solatium has to be granted @ that in view of the abovesaid letter/guidelines, the solatium has to be granted @ that in view of the abovesaid letter/guidelines, the solatium has to be granted @ that in view of the abovesaid letter/guidelines, the solatium has to be granted @ 100% alongwith interest. 100% alongwith interest.

4. (Annexure Learned counsel submits that the award dated 10.10.2014 (Annexure Learned counsel submits that the award dated 10.10.2014 Learned counsel submits that the award dated 10.10.2014 P-1) was passed by respondent No. reby solatium at 30% was granted and was passed by respondent No.3, whereby solatium at 30% was granted and reby solatium at 30% was granted and the representation/legal notice dated 18.02.2026 the representation the respondents 02.2026 was moved before the respondents that the amount was paid to the petitioners the amount was paid to the petitioners only after 01.01.2015 i.e. much after the only after 01.01.2015 i.e. much after the relevant date i.e. 31.12.2014 fixed by the NHAI and, therefore, the petitioners relevant date i.e. 31.12.2014 fixed by the NHAI and relevant date i.e. 31.12.2014 fixed by the NHAI and ntitled for the benefit of 100% solatium, plus interest. entitled for the benefit of 100% solatium, plus interest. ntitled for the benefit of 100% solatium, plus interest.

6. Notice of motion to respondent Nos.2 & 3 only Notice of motion to respondent Nos.2 & 3 only. On asking of the Court, Ms. Komal Bishnoi, Advocate On asking of the Court, for Mr. Rishi Ms. Komal Bishnoi, Advocate for Mr. Rishi Kaushal, Advocate accepts notice on behalf of respondent Kaushal, Advocate Mr. Puru of respondent No.2 and Mr. Puru Jarewal, D.A.G., Punjab accepts notice on behalf of respondent Jarewal, D.A.G., Punjab accepts notice on behalf of respondent No.3/State.

7. Keeping in view the controversy involved, there is no requirement as Keeping in view the controversy involved, there is no requirement as Keeping in view the controversy involved, there is no requirement as Keeping in view the controversy involved, there is no requirement as such to call upon for reply on behalf of the respondents as it would delay the such to call upon for reply on behalf of the respondents as it would delay such to call upon for reply on behalf of the respondents as it would delay such to call upon for reply on behalf of the respondents as it would delay proceedings further. proceedings further.

8. Without commenting upon the merits of the case and also about the Without commenting upon the merits of the case and also about the Without commenting upon the merits of the case and also about the Without commenting upon the merits of the case and also about the , the present writ petition is disposed of with direction entitlement of the petitioners, the present writ petition is disposed of with direction , the present writ petition is disposed of with direction entitlement of the petitioner CWP No.18123 of 202 2026 (O&M) 3 to respondent No.3 to take a decision on the legal notice dated 18. to respondent No. to take a decision on the legal notice dated 18.02.20

02.2026 ) and pass a speaking order within a period of two months from the (Annexure P-3) and pass a speaking order within a period of two months from the ) and pass a speaking order within a period of two months from the ) and pass a speaking order within a period of two months from the date of receipt of certified copy of the order by associating concerned Project date of receipt of certified copy of the order by associating concerned Project date of receipt of certified copy of the order by associating concerned Project date of receipt of certified copy of the order by associating concerned Project NHAI with the said process. Director-NHAI with the said process.

9. abovesaid In case, the petitioners' case is covered under the abovesaid In case, the petitioners' case is covered under the In case, the petitioners' case is covered under the necessary award be passed and the amount if so guidelines/letter dated 28.12.2017, necessary award be passed and the amount if so necessary award be passed and the amount if so guidelines/letter dated 28.12.2017 within a period of three months payable, the same be disbursed to the petitioners within a period of three months payable, the same be disbursed to the petitioner payable, the same be disbursed to the petitioner thereafter.

10. ion(s), The writ petition is accordingly, disposed of. Pending application(s), The writ petition is accordingly, disposed of The writ petition is accordingly, disposed of if any shall also stand disposed of. if any shall also stand disposed of. May 29, 2026 Atik (HARKESH MANUJA) JUDGE Whether speaking/reasoned Whether speaking/reasoned Whether reportable Whether reportable Yes/No Yes/No Yes/No Yes/No