Bombay High Court
Yakub Dadan Khatik Deceased ... vs The Government Of India Through ... on 13 December, 2021
Bench: S.V. Gangapurwala, S. G. Dige
(1) 23-wp-13811-2021 & ors.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.13811 OF 2021
NANAKCHAND PYARELAL TANEJA ..PETITIONER
VERSUS
THE UNION OF INDIA AND OTHERS ..RESPONDENTS
AND
WRIT PETITION NO.13821 OF 2021
VIJAYKUMAR NARAYAN PATEL ..PETITIONER
VERSUS
THE GOVERNMENT OF INDIA AND OTHERS ..RESPONDENTS
AND
WRIT PETITION NO.13822 OF 2021
NANDKISHOR BABULAL AGRAWAL ..PETITIONER
VERSUS
THE GOVERNMENT O INDIA AND OTHERS ..RESPONDENTS
AND
WRIT PETITION NO.13825 OF 2021
NANDKISHOR BABULAL AGRAWAL ..PETITIONER
VERSUS
THE GOVERNMENT OF INDIA AND OTHERS ..RESPONDENTS
AND
WRIT PETITION NO.13826 OF 2021
PRAVIN RAMESH PATIL ..PETITIONER
VERSUS
THE GOVERNMENT OF INDIA AND OTHERS ..RESPONDENTS
::: Uploaded on - 15/12/2021 ::: Downloaded on - 16/12/2021 00:12:12 :::
(2) 23-wp-13811-2021 & ors.
AND
WRIT PETITION NO.13829 OF 2021
GURUDWARA (SHIKH SAMAJ MANDIR) THROUGH SANTH DHIRAJ
SHING PURANSHING BABAJI ..PETITIONER
VERSUS
THE GOVERNMENT OF INDIA AND OTHERS ..RESPONDENTS
AND
WRIT PETITION NO.13837 OF 2021
ALKA NARESH MUNOT AND OTHERS ..PETITIONERS
VERSUS
THE UNION OF INDIA AND OTHERS ..RESPONDENTS
AND
WRIT PETITION NO.13852 OF 2021
ANIL DATTATRAY PATIL ..PETITIONER
VERSUS
THE GOVERNMENT OF INDIA AND OTHERS ..RESPONDENTS
AND
WRIT PETITION NO.13857 OF 2021
ANIL DATTATRAY PATIL AND ANOTHER ..PETITIONERS
VERSUS
THE GOVERNMENT OF INDIA AND OTHERS ..RESPONDENTS
AND
WRIT PETITION NO.13860 OF 2021
NIKHIL DAULATKUMAR SHAH AND ANOTHER ..PETITIONERS
VERSUS
THE UNION OF INDIA AND OTHERS ..RESPONDENTS
::: Uploaded on - 15/12/2021 ::: Downloaded on - 16/12/2021 00:12:12 :::
(3) 23-wp-13811-2021 & ors.
AND
WRIT PETITION NO.13862 OF 2021
NANAKCHAND PYARELAL TANEJA ..PETITIONER
VERSUS
THE UNION OF INDIA AND OTHERS ..RESPONDENTS
AND
WRIT PETITION NO.13867 OF 2021
RAMCHANDRA KADU WANI (PATKAR) DECEASED L/H 1
PANDURANG RAMCHANDRA PATKAR DECEASED AND OTHERS
..PETITIONERS
VERSUS
THE GOVERNMENT OF INDIA AND OTHERS ..RESPONDENTS
AND
WRIT PETITION NO.13873 OF 2021
AVINASH RAJESH MEVANI AND OTHERS ..PETITIONERS
VERSUS
THE UNION OF INDIA AND OTHERS ..RESPONDENTS
AND
WRIT PETITION NO.13876 OF 2021
ANIL DATTATRAY PATIL (BHADANE) AND ANOTHER
..PETITIONERS
VERSUS
THE GOVERNMENT OF INDIA AND OTHERS ..RESPONDENTS
AND
WRIT PETITION NO.13877 OF 2021
NANDKISHOR BABULAL AGRAWAL ..PETITIONER
VERSUS
THE GOVERNMENT OF INDIA AND OTHERS ..RESPONDENTS
::: Uploaded on - 15/12/2021 ::: Downloaded on - 16/12/2021 00:12:12 :::
(4) 23-wp-13811-2021 & ors.
AND
WRIT PETITION NO.13907 OF 2021
YAKUB DADAN KHATIK DECEASED THROUGH LRS SAHEBNUR
YAKUB KHATIK AND OTHERS ..PETITIONERS
VERSUS
THE GOVERNMENT OF INDIA AND OTHERS ..RESPONDENTS
...
Mr. Mukul S. Kulkarni, Advocate for the Petitioners
in all WP.
Mr. S. P. Tiwari, AGP for Respondents-State in all
WP.
Mr. R. B. Bhosle, Mr. A. G. Talhar, Mr. R. R.
Bangar, Mr. S. S. Deve, Mr. A. B. Dhongade,
Advocate for Respondent Nos.1 and 3 in respective
WP.
...
CORAM : S. V. GANGAPURWALA &
S. G. DIGE, JJ.
DATED : 13th DECEMBER, 2021.
PER COURT:-
1. Mr. Kulkarni, learned Advocate for
petitioners submits that the lands of petitioners
were acquired, the award was passed, the
compensation amount was determined, however,
neither the solatium component nor the interest
were awarded to petitioners as compensation. In
the appeals preferred by petitioners 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 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
(5) 23-wp-13811-2021 & ors.
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,
petitioners made representations to the respondents
seeking benefit as per the said Judgment in the
year-2019. The same are not yet decided.
2. The learned Advocate for respondent nos.1
and 3 submits that, the Competent Authority will
decide the applications of petitioners on it's own
merits, in accordance with law.
3. Considering the fact that, the
applications of petitioners are 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. petitioners and the acquiring body. The same
shall be decided preferably within a period of six
(06) months from today.
4. Writ Petitions accordingly stand disposed
of. No costs.
(S. G. DIGE) (S. V. GANGAPURWALA)
JUDGE JUDGE
Devendra/December-2021
