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Yashwant Rambhau Gangurde And Ors vs The Union Of India Through Secreetary ...
2025 Latest Caselaw 8921 Bom

Citation : 2025 Latest Caselaw 8921 Bom
Judgement Date : 15 December, 2025

[Cites 2, Cited by 0]

Bombay High Court

Yashwant Rambhau Gangurde And Ors vs The Union Of India Through Secreetary ... on 15 December, 2025

Author: Manish Pitale
Bench: Manish Pitale
                                                                                 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

Kartikeya, PA
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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

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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
                                               Page 5 of 13




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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

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                                               Page 7 of 13




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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
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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

Kartikeya, PA

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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12-WP-3178-2020.doc

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-WP-3178-2020.doc

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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12-WP-3178-2020.doc

(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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