Indian Hume Pipe Co. Ltd. Through ... vs The Union Of India And Others
2021 Latest Caselaw 17184 Bom

                                     1              955-wp 13740-2021.odt



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                         WRIT PETITION NO. 13740 OF 2021

 Indian Hume Pipe Co. Ltd.
 Through its Sr. factory manager
 Sanjay Avinash Deshmukh                                         .. Petitioner

          Versus

 The Union of India
 Through the Secretary,
 and others                                                      .. Respondents

 Mr. Mukul S. Kulkarni, Advocate for the Petitioner.
 Mr. P. K. Lakhotiya, AGP for Respondents/State.
 Ms. Sudha Chintamani, Advocate for Respondent Nos. 1 and 3.

                               CORAM :   S. V. GANGAPURWALA &
                                         S. G. DIGE, JJ.

DATED : 09th DECEMBER, 2021.

PER COURT:-

. Mr. Kulkarni, learned Advocate for the petitioner submits that the

land of the petitioner was acquired, the award was passed, the

compensation amount was determined, however, neither the solatium

component nor the interest were awarded to the petitioner as

compensation. In the appeal preferred by the petitioner the Arbitrator

enhanced the compensation amount, however, did not grant solatium

and interest. The learned Advocate submits that the Hon'ble Apex

Court in case of Union of India (UOI) and others Vs. Tarsem Singh and

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others reported in (2019) 9 SCC 304 has held that the persons whose

lands are acquired under the National Highways Act are now entitled

for solatium component and interest. The Hon'ble Apex Court further

observed that the persons whose lands are acquired from 1997 up to

2015 under the National Highways Act should pay compensation with

solatium and interest. Pursuant thereto, the petitioner made

representation to the respondents seeking benefit as per the said

Judgment in the year-2019. The same is not yet decided.

2. The learned Advocate for respondent no. 1 submits that the

Competent Authority will decide the application of the petitioner on it's

own merits, in accordance with law.

3. Considering the fact that, the application of the petitioner is

pending consideration with the Competent Authority (Exhibit "F"), the

Competent Authority shall take decision upon it on it's own merits, in

accordance with law applicable, after hearing all parties concerned viz.

petitioner and the acquiring body. The same shall be decided preferably

within a period of six (06) months from today.

4. Writ Petition accordingly stands disposed of. No costs

( S. G. DIGE ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.

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