CWP No v. UNION OF INDIA & Ors.

HON'BLE MR. JUSTICE HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH CORAM: HON'BLE MR. JUSTICE HARKESH Present: Mr. Mr. Chander Kant Rana, Advocate Mr. Digvijay Singh, Advocate Mr. Digvijay Singh, Advocate for the petitioners. for the petitioners. HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) **** [1]. In the present petition, the limited relief sought is for issuance of In the present petition, the limited relief sought is for issuance In the present petition, the limited relief sought is for issuance In the present petition, the limited relief sought is for issuance directions to the respondents for grant of 100% solatium alongwith directions to the respondents for interest to the grant of 100% solatium alongwith interest to the Schedule of the Right petitioners as per the provisions of Section 30 and The First Schedule of the Right petitioners as per the provisions of Section 30 and The First petitioners as per the provisions of Section 30 and The First Acquisition, Rehabilitation and to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and to Fair Compensation and Transparency in Land to Fair Compensation and Transparency in Land Resettlement Act, 2013 (for short, “2013 Act” Resettlement Act, 2013 (for short, “2013 ) for the land acquired under the Act”) for the land acquired under the short “1956 Act”) in view of the guidelines National Highways Act, 1956 (for short “1956 Act”) in view of the guidelines short “1956 Act”) in view of the guidelines National Highways Act, 1956 (for Ministry of Road Transport & Highways dated 28.12.2017 framed by the Ministry of Road Transport & Highways Ministry of Road Transport & Highways dated 28.12.2017 framed by the (MoRTH), Govt. of India. (MoRTH), Govt. of India. [2]. In short, the stand of the petitioners In short, the stand of the petitioner s is that certain land owned by him Notification under was acquired by the National Highway Authority of India vide Notification under was acquired by the National Highway Authority of India vide was acquired by the National Highway Authority of India vide Section 3(A) of Section 3(A) of Section 3(A) of the 1956 Act the 1956 Act the 1956 Act issued on 05.07.2013, issued on 05.07.2013, issued on 05.07.2013, followed by followed by thereof. The public declaration/notification dated 04.02.2014 under Section 3(D) thereof. The public declaration/notification dated 04.02.2014 under Section 3(D) declaration/notification dated 04.02.2014 under Section 3(D) building (widening/four ose for the acquisition of land was stated to be “for building (widening/four ose for the acquisition of land was stated to be purpose for the acquisition of land was stated to be operation of the National Highway laning etc) maintenance, management and operation of the National Highway operation of the National Highway laning etc) maintenance, management and 2 CWP No.18426 of 2026 (O&M) CWP No.18426 of 2026 No.15 on the stretch of land from K.M. 147.500 No.15 on the stretch of land from K.M. Section) in 147.500 to Km 163.400 (Patti Section) in District of Tarn Taran . Award dated 10.10.2014 (Anenxure Tarn Taran in the State of Punjab”. Award dated 10.10.2014 (Anenxure . Award dated 10.10.2014 (Anenxure P-3) was passed by respondent No .6, whereby solatium at 30% was granted 3) was passed by respondent No .6, whereby solatium at 30% was granted respondent No .6, whereby solatium at 30% was granted alongwith other statutory benefits. [3]. Learned counsel for the petitioners Learned counsel for the petitioner s contends that although the award

10.10.2014; ket value along with 30% solatium was passed on 10.10.2014; ket value along with 30% solatium was passed on assessing market value along with 30% solatium was passed on i.e. much after the however, the compensation was paid to him after 01.01.2015, i.e. much after the however, the compensation was paid to him after 01.01.2015, however, the compensation was paid to him after 01.01.2015, therefore, the petitioner is entitled relevant date i.e. 31.12.2014 fixed by the NHAI, therefore, the petitioner is entitled relevant date i.e. 31.12.2014 fixed by the NHAI, relevant date i.e. 31.12.2014 fixed by the NHAI, alongwith interest in view of the aforesaid for the benefit of 100% solatium alongwith interest in view of the aforesaid alongwith interest in view of the aforesaid for the benefit of 100% solat issued by the Govt. of India. guidelines dated 28.12.2017 issued by the Govt. of India. guidelines dated 28.12.2017 [4]. , on instructions, At this stage, learned counsel for the petitioners, on instructions, At this stage, learned counsel for the petitioner At this stage, learned counsel for the petitioner would be submits that instead of pressing the present petition on merits, his client would be submits that instead of pressing the present petition on merits, his client submits that instead of pressing the present petition on merits, his client satisfied in case his legal notice dated 16.02.2026 satisfied in case his legal notice dated ade before .2026 (Annexure P-4) made before decided respondent Nos. 3 to 7 for grant of 100% solatium alongwith interest is decided respondent Nos. 3 to 7 for grant of 100% solatium alongwith respondent Nos. 3 to 7 for grant of 100% solatium alongwith expeditiously. [5]. Nos. 3 Notice of motion to the aforesaid limited extent qua respondent Nos. 3 Notice of motion to the aforesaid limited extent Notice of motion to the aforesaid limited extent to 7 only. [6]. On asking of the Court, Ms. Komal Bishnoi, Advocate for Mr.Rishi On asking of the Court, Ms. Komal Bishnoi, Advocate for Mr.Rishi On asking of the Court, Ms. Komal Bishnoi, Advocate for Mr.Rishi On asking of the Court, Ms. Komal Bishnoi, Advocate for Mr.Rishi whereas Kaushal, Advocate, accepts notice on behalf of respondent Nos. 3 to 5, whereas Kaushal, Advocate, accepts notice on behalf of respondent Nos. 3 to 5, Kaushal, Advocate, accepts notice on behalf of respondent Nos. 3 to 5, on behalf of Mr. Puru Jarewal, Deputy Advocate General, Punjab, accepts notice on behalf of Mr. Puru Jarewal, Deputy Advocate General, Punjab, accepts notice Mr. Puru Jarewal, Deputy Advocate General, Punjab, accepts notice innocuous prayer made t Nos. 6 & 7. They raise no objection against the innocuous prayer made t Nos. 6 & 7. They raise no objection against the respondent Nos. 6 & 7. They raise no objection against the on behalf of the petitioners. on behalf of the petitioner [7]. merits of In view of the above, but without expressing any opinion on merits of In view of the above, but without expressing any opinion on In view of the above, but without expressing any opinion on to the the claim of petitioner, present writ petition is disposed of with direction to the the claim of petitioner, present writ petition is the claim of petitioner, present writ petition is respondents concerned to decide the aforesaid legal notice of petitioners respondents concerned to decide the aforesaid legal notice of petitioner respondents concerned to decide the aforesaid legal notice of petitioner 3 CWP No.18426 of 2026 (O&M) CWP No.18426 of 2026 date of receipt of accordance with law within a period of eight weeks from the date of receipt of accordance with law within a period of eight weeks from the accordance with law within a period of eight weeks from the certified copy of this order. certified copy of this order. [8]. Further, in case the petitioners’ claim is covered under Further, in case the petitioners abovesaid claim is covered under the abovesaid the amount, if guidelines/letter dated 28.12.2017, necessary award be passed and the amount, if guidelines/letter dated 28.12.2017, necessary award be passed and guidelines/letter dated 28.12.2017, necessary award be passed and so payable, be disbursed to them within a period of three months thereafter. so payable, be disbursed to them within a period of three so payable, be disbursed to them within a period of three [9]. Needless to say that if the petitioners are still aggrieved, they would Needless to say that if the petitioner Needless to say that if the petitioner liberty to challenge the order passed by the competent authority. liberty to challenge the order passed by the competent authority. be at liberty to challenge the order passed by the competent authority. [10]. disposed Pending miscellaneous application(s), if any, shall also stand disposed Pending miscellaneous application(s), if any, shall also stand Pending miscellaneous application(s), if any, shall also stand 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