Seemabai B. Saoji (Deceased) Thr. ... vs The National Highway Authority Of ...
2022 Latest Caselaw 10154 Bom

                                                                                 1                               16.wp.8506.19.odt

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR

                                        WRIT PETITION NO.8506/2019
        Seemabai Bhaiyyalal Saoji, since deceased through subsequent owners
                                                            Vs.
                       The National Highway Authority of India and Ors.
.................................................................................................................................. .
Office Notes, Office Memoranda of
Coram, appearances, Court's orders                                                                        Court's or Judge's order
or directions and Registrar's orders
...................................................................................................................................................
                        Mr. R. D. Dhande, Advocate for Petitioners.
                        Mr. A. A. Kathane, Advocate for Respondent Nos.1 and 2.
                        Mr. A. S. Fulzele, Additional Government Pleader for Respondent
                        Nos.3 & 4.


                        CORAM : A.S.CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.

DATED : OCTOBER 03, 2022

. Heard.

2. The lands of the petitioners came to be acquired under the provisions of the National Highways Act, 1956 (for short 'the said Act'). Award under Section 3G of the said Act was passed on 19.01.2013. Being aggrieved by the aforesaid Award, the petitioners had preferred reference applications under Section 3G(5) of the said Act. The Additional Commission passed orders on 06.08.2018 and 08.08.2018 enhancing the amount of compensation. The petitioners being aggrieved by the non-payment of solatium have filed the present Writ Petition seeking aforesaid relief. Reliance is placed on the decision in Writ Petition No.2438/2013 (Kishor s/o. Shankarrao Choudhar Vs. Union of India and Ors.) to support the said prayer.

3. The learned Counsel for the National Highway Authority has relied upon the judgment of the Division 2 16.wp.8506.19.odt

Bench in Writ Petition No.1597/2020 (Sureshchandra s/o. Maheshchandra Agrawal Vs. The Secretary to Government of India) to urge that the decision in Kishor Shankarrao Choudhari (supra) has been distinguished therein.

4. In the reply filed on behalf of the respondent No.3, it has been stated that against the Award passed by the Additional Commissioner, an application under Section 34 of the Arbitration and Conciliation Act, 1996 has been preferred by the petitioners and the said proceedings are pending.

5. In the light of the aforesaid undisputed fact that the petitioners have invoked the jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996, the prayer made in the Writ Petition as regards grant of solatium with interest can be pursued by the petitioners in those proceedings in accordance with law.

6. Hence, with liberty to the petitioners to prosecute the prayers made in this Writ Petition in the proceedings under Section 34 of the Act of 1996 in accordance with law, the Writ Petition is not entertained. It is open for the respondents to raise all possible defences in the Section 34 proceedings. In the facts of the case, the proceedings filed under Section 34 of the Act of 1996 are expedited.

7. The points raised in the Writ Petition are kept open.

3 16.wp.8506.19.odt

8. The Writ Petition is disposed of leaving the parties to bear their own costs.

(URMILA JOSHI-PHALKE, J.) (A.S.CHANDURKAR, J.)

RGurnule Digitally signed byRANJANA MANOJ MANDADE Signing Date:04.10.2022 14:47