Citation : 2025 Latest Caselaw 8921 Bom
Judgement Date : 15 December, 2025
12-WP-3178-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3178 OF 2020
Yashwant Rambhau Gangurde & Ors. ...Petitioners
Versus
The Union of India & Ors. ...Respondents
WITH
WRIT PETITION NO.11702 OF 2019
Sulochnabai Pratap Suryawanshi & Ors. ...Petitioners
Versus
The Union of India & Ors. ...Respondents
WITH
INTERIM APPLICATION (ST) NO.37638 OF 2025
IN
WRIT PETITION NO.11702 OF 2019
Project Director Nashik NHAI ...Applicant
Versus
Sulochana Pratap Suryawanshi & Ors. ...Respondents
WITH
INTERIM APPLICATION (ST) NO.37161 OF 2025
IN
WRIT PETITION NO.11702 OF 2019
Project Director Nashik NHAI ...Applicant
Versus
Sulochana Pratap Suryawanshi & Ors. ...Respondents
WITH
WRIT PETITION NO.11724 OF 2019
Bhaskar Gulab Nerkar S/o.
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Gulab Nimba Nerkar (Deceased) ...Petitioner
Versus
The Union of India & Ors. ...Respondents
WITH
INTERIM APPLICATION (ST) NO.37654 OF 2025
IN
WRIT PETITION NO.11724 OF 2019
Project Director Nashik NHAI ...Applicant
Versus
Bhaskar Nimba Nerkar ...Respondent
WITH
WRIT PETITION NO.11713 OF 2019
Nana Ramchandra Ghumare & Ors. ...Petitioners
Versus
The Union of India & Ors. ...Respondents
WITH
INTERIM APPLICATION (ST) NO.37641 OF 2025
IN
WRIT PETITION NO.11713 OF 2019
Project Director Nashik NHAI ...Applicant
Versus
Nana Ramchandra Ghumare & Ors. ...Respondents
WITH
WRIT PETITION NO.11725 OF 2019
Dadabhau Batu Patil & Anr. ...Petitioners
Versus
The Union of India & Ors. ...Respondents
WITH
WRIT PETITION NO.186 OF 2020
Amol Murlidhar Suryawanshi ...Petitioner
Versus
The Union of India & Ors. ...Respondents
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WITH
INTERIM APPLICATION (ST) NO.37655 OF 2025
IN
WRIT PETITION NO.186 OF 2020
Project Director Nashik NHAI ...Applicant
Versus
Amol Murlidhar Suryawanshi ...Respondent
WITH
WRIT PETITION NO.3248 OF 2020
Dadaji Gangaram Jadhav & Ors. ...Petitioners
Versus
The Union of India & Ors. ...Respondents
WITH
WRIT PETITION NO.3239 OF 2020
Yeshoda Sahebrao Pawar & Anr. ...Petitioners
Versus
The Union of India & Ors. ...Respondents
WITH
INTERIM APPLICATION (ST) NO.39067 OF 2025
IN
WRIT PETITION NO.3239 OF 2020
Project Director Nashik NHAI ...Applicant
Versus
Yeshoda Sahebrao Pawar & Ors. ...Respondents
WITH
WRIT PETITION NO.3243 OF 2020
Rajendra Vasantrao Deshmukh & Anr. ...Petitioners
Versus
The Union of India & Ors. ...Respondents
WITH
INTERIM APPLICATION (ST) NO.37649 OF 2025
Kartikeya, PA
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IN
WRIT PETITION NO.3243 OF 2020
Project Director Nashik NHAI ...Applicant
Versus
Rajendra Vasantrao Deshmukh & Anr. ...Respondents
WITH
WRIT PETITION NO.3440 OF 2020
Tatyaba Rayji Aher & Ors. ...Petitioners
Versus
The Union of India & Ors. ...Respondents
WITH
WRIT PETITION NO.1595 OF 2020
Pandharinath Govind Satbhai & Ors. ...Petitioners
Versus
The Union of India & Ors. ...Respondents
WITH
WRIT PETITION NO.3471 OF 2020
Sudhakar Kadu Patil & Ors. ...Petitioners
Versus
The Union of India & Ors. ...Respondents
WITH
INTERIM APPLICATION (ST) NO.37660 OF 2025
IN
WRIT PETITION NO.3471 OF 2020
Project Director Nashik NHAI ...Applicant
Versus
Sudhakar Kadu Patil & Ors. ...Respondents
WITH
WRIT PETITION NO.3181 OF 2020
Pandharinath Kalu Desale & Ors. ...Petitioners
Versus
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The Union of India & Ors. ...Respondents
WITH
INTERIM APPLICATION (ST) NO.37656 OF 2025
IN
WRIT PETITION NO.3181 OF 2020
Project Director Nashik NHAI ...Applicant
Versus
Pandharinath Kalu Desale & Ors. ...Respondents
WITH
WRIT PETITION NO.3005 OF 2020
Balvirkuar Nirmalsingh Ghil ...Petitioner
Versus
The Union of India & Ors. ...Respondents
WITH
INTERIM APPLICATION (ST) NO.37882 OF 2025
IN
WRIT PETITION NO.3005 OF 2020
Project Director Nashik NHAI ...Applicant
Versus
Balvirkuar Nirmalsingh Ghil ...Respondent
WITH
WRIT PETITION NO.3002 OF 2020
Meerabai Bapu Gangurde ...Petitioner
Versus
The Union of India & Ors. ...Respondents
WITH
WRIT PETITION NO.3472 OF 2020
Devkabai Daga Desale & Ors. ...Petitioners
Versus
The Union of India & Ors. ...Respondents
Kartikeya, PA
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WITH
INTERIM APPLICATION (ST) NO.39390 OF 2025
IN
WRIT PETITION NO.3472 OF 2020
Project Director Nashik NHAI ...Applicant
Versus
Devkabai Daga Desale & Ors. ...Respondents
WITH
WRIT PETITION NO.3006 OF 2020
Dadaji Ganpat More ...Petitioner
Versus
The Union of India & Ors. ...Respondents
WITH
INTERIM APPLICATION (ST) NO.37648 OF 2025
IN
WRIT PETITION NO.3006 OF 2020
Project Director Nashik NHAI ...Applicant
Versus
Dadaji Ganpat More ...Respondent
WITH
WRIT PETITION NO.3249 OF 2020
Valmik Kedu Kandekar ...Petitioner
Versus
The Union of India & Ors. ...Respondents
WITH
INTERIM APPLICATION (ST) NO.37657 OF 2025
IN
WRIT PETITION NO.3249 OF 2020
Project Director Nashik NHAI ...Applicant
Versus
Valmik Kedu Kandekar & Ors. ...Respondents
WITH
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WRIT PETITION NO.3183 OF 2020
Chandrabhan Devram Kunde & Ors. ...Petitioners
Versus
The Union of India & Ors. ...Respondents
WITH
INTERIM APPLICATION (ST) NO.37865 OF 2025
IN
WRIT PETITION NO.3183 OF 2020
Project Director Nashik NHAI ...Applicant
Versus
Chandrabhan Devram Kunde & Ors. ...Respondents
WITH
WRIT PETITION NO.2997 OF 2020
Dattatray Jagannath Shirude ...Petitioner
Versus
The Union of India & Ors. ...Respondents
WITH
INTERIM APPLICATION (ST) NO.37342 OF 2025
IN
WRIT PETITION NO.2997 OF 2020
Project Director Nashik NHAI ...Applicant
Versus
Dattatray Jagannath Shirude & Ors. ...Respondents
WITH
WRIT PETITION NO.3179 OF 2020
Shantaram Trimbak Pawar ...Petitioner
Versus
The Union of India & Ors. ...Respondents
WITH
Kartikeya, PA
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INTERIM APPLICATION (ST) NO. 37877 OF 2025
IN
WRIT PETITION NO.3179 OF 2020
Project Director Nashik NHAI ...Applicant
Versus
Shantaram Trimbak Pawar & Ors. ...Respondents
WITH
WRIT PETITION NO.2999 OF 2020
Sharad Baliram Pawar & Anr. ...Petitioners
Versus
The Union of India & Ors. ...Respondents
WITH
INTERIM APPLICATION (ST) NO.37650 OF 2025
IN
WRIT PETITION NO.2999 OF 2020
Project Director Nashik NHAI ...Applicant
Versus
Sharad Baliram Pawar & Ors. ...Respondents
WITH
WRIT PETITION NO.3152 OF 2020
Priachand Dhudku Ahire & Ors. ...Petitioners
Versus
The Union of India & Ors. ...Respondents
WITH
INTERIM APPLICATION (ST) NO.37163 OF 2025
IN
WRIT PETITION NO.3152 OF 2020
Project Director Nashik NHAI ...Applicant
Versus
Pirachand Dhudku Ahire & Ors. ...Respondents
WITH
WRIT PETITION NO.2994 OF 2020
Kartikeya, PA
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Baiyasaheb Bhaskar Desale & Ors. ...Petitioners
Versus
The Union of India & Ors. ...Respondents
__________
Ms. Nisha Shah i/b. Kalpesh Joshi Associates, for the
Petitioners.
Mr. A.I. Patel, Addl. G.P. a/w Ms. M.S. Bane, AGP, for the
Respondent-State.
Mr. B.V. Samant, Addl. G.P. a/w Mr. S.P. Kamble, AGP, for the
Respondent-State.
Mr. R.S. Pawar, AGP, for the Respondent-State.
Ms. P.M.J. Deshpande, AGP, for the Respondent-State.
Ms. Pooja Patil, AGP, for the Respondent-State.
Mr. Ketan B. Joshi, 'B' Panel Advocate, for the Respondent-
State.
Ms. Leena Patil, 'B' Panel Advocate, for the Respondent-State.
Mr. A.R. Deolikar, AGP, for the Respondent-State.
Mr. M.M. Pable, AGP, for the Respondent-State.
Mr. Rakesh L. Singh i/b. MV Kini & Co., for the Respondents-
NHAI.
Mr. Shrikant Dhage, Project Director, present.
Mr. Y.R. Mishra, for Respondent No.1-UOI.
__________
CORAM : MANISH PITALE &
MANJUSHA DESHPANDE, JJ.
DATE : 15th DECEMBER 2025
P.C.:
1. All these applications have been filed on behalf of the
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12-WP-3178-2020.doc
applicant, i.e, the Project Director (PIU), Nashik, of the National
Highways Authority of India (NHAI) for direction to deposit
awarded amount with the Collector/CALA of the district, in
compliance with the orders passed by this Court, pending decision
in the review petition filed before the Hon'ble Supreme Court.
2. It is to be noted that the review petition pertains to the
judgment of the Hon'ble Supreme Court rendered as far back as in
the year 2019 in the case of Union of India V/s. Tarsem Singh &
Others.1.
3. We find that the statements made in these applications, as
also the prayers in the said applications, are nothing but an excuse
on the part of the applicant to somehow wriggle out of the
obligation of abiding by orders passed by this Court.
4. It is to be noted that in this bunch of writ petitions, while
allowing the said petitions on 06.03.2025, the Division Bench of
this Court [Coram : M.S. Sonak & Jitendra Jain, JJ.], indicated that
usual excuses and procedural delays cannot be permitted in these
cases and that payment of amounts should be made to the
petitioners in terms of the said order, within three months of the
uploading of the said order.
1 (2019) 9 SCC 304
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5. In fact, the relevant portion of the said order dated
06.03.2025, reads as follows :
"7. Following the decision in Tarsem Singh (supra) and orders disposing of the above Miscellaneous application, we direct the NHAI to compute and pay the petitioner's solatium and interest in accordance with the principles in the said matters within three months of uploading of this order.
8. Learned counsel for the petitioner expresses apprehensions that the NHAI would delay compliance. At this stage, we have no reason to accept this submission. In any event, the procedural delays or, the usual excuses about files moving from one table to another or the excuse that no provision is made for payment of this amount should not be raised by NHAI.
9. The Project Director of NHAI (respondent No. 4) will be personally responsible for implementing this order. The above relief is granted in terms of the order of the Hon'ble Supreme Court in case of Tarsem Singh (supra). Based on this decision, the NHAI should have granted such benefits to the petitioners on its own. Therefore, it is expected that the NHAI does not delay in compliance with these directions, which in turn, are based on the law laid down by the Hon'ble Supreme Court in Tarsem Singh (supra). Article 144 of the Constitution provides that all authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court. Besides, Article 141 of the Constitution provides that the law declared by the Supreme Court shall be binding on all courts within the territory of India.
10. The rule is made absolute in the above terms in all these matters without any cost order. All concerned must act on an authenticated copy of this order."
6. In this backdrop, when the petitions were listed for
compliance, further orders were passed specifically directing the
NHAI to make payments and to comply with the order dated
06.03.2025. In the order dated 17.11.2025, it was specifically
directed that the NHAI shall comply with the order on or before
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12.12.2025.
7. Despite such directions and the petitions being listed under
the caption 'for compliance', the NHAI has not complied with the
order and instead, such applications are filed. It is relevant to note
that in the order dated 17.11.2025, this Court had directed that if
the NHAI fails to comply with the directions, Respondent No.4, i.e.,
the Project Director of the Project Implementation Unit of the
Nashik National Highways Authority, shall remain personally
present in this Court. Accordingly, the said Officer is personally
present in the Court today.
8. It is relevant to note that in the above quoted portion of the
order dated 06.03.2025, the Division Bench of this Court had
recorded that Respondent No.4, being the aforesaid Officer, shall
be personally responsible for implementing this order. Despite such
clear directions, the Respondent-NHAI has filed such applications
and has not complied with the orders passed by this Court.
9. In view of the above, Interim Application (Stamp) No.37638 of
2025, Interim Application (Stamp) No.37161 of 2025, Interim
Application (Stamp) No.37654 of 2025, Interim Application (Stamp)
No.37641 of 2025, Interim Application (Stamp) No.37655 of 2025,
Interim Application (Stamp) No.39067 of 2025, Interim Application
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(Stamp) No. 37649 of 2025, Interim Application (Stamp) No.37660 of
2025, Interim Application (Stamp) No.37656 of 2025, Interim
Application (Stamp) No.37882 of 2025, Interim Application (Stamp) No.
39390 of 2025, Interim Application (Stamp) No.37648 of 2025, Interim
Application (Stamp) No.37657 of 2025, Interim Application (Stamp) No.
37865 of 2025, Interim Application (Stamp) No.37342 of 2025, Interim
Application (Stamp) No.37877 of 2025, Interim Application (Stamp) No.
37650 of 2025 and Interim Application (Stamp) No.37163 of 2025, are
dismissed.
10. The Respondent No.4 is directed to ensure that the amounts
are paid to the petitioners in terms of the order dated 06.03.2025,
on or before 20.12.2025, as a matter of a last chance.
11. List these petitions under the caption 'for compliance' on
22.12.2025 at the top of the cause-list. It is made clear that if non-
compliance is shown to the aforesaid direction, this Court shall
proceed to initiate contempt proceedings. The said Officer is
directed to remain personally present in this Court on the next date
of listing also.
(MANJUSHA DESHPANDE, J.) (MANISH PITALE, J.)
Kartikeya, PA
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