[Cites 5, Cited by 0]
Bombay High Court
Mujmmil Shaukat Bagvan And Ors vs The Union Of Inida Throu. The Deputy Sec. ... on 17 January, 2026
Author: Manish Pitale
Bench: Manish Pitale
2026:BHC-AS:2377-DB
905-wp-8509-2025+.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8509 OF 2025
Shivnath Muralidhar Shelke .. Petitioner
V/s.
The Union Of India Thr the Deputy .. Respondents
Secretary Thr Ministry Of And Ors
WITH
WRIT PETITION NO. 8531 OF 2025
Pravin Subhash Kawade .. Petitioner
V/s.
The Union Of India Thr The Deputy .. Respondents
Secretary The Ministry Of Shipping
Road And Ors
WITH
WRIT PETITION NO. 8599 OF 2025
Sumanbai Nivrutti Avhad and Ors .. Petitioners
V/s.
The Union Of India Thr The Deputy .. Respondents
Secretary The Ministry Of Shipping
Road And Ors
WITH
WRIT PETITION NO. 8518 OF 2025
Nana Ramchandra Shelke .. Petitioner
V/s.
The Union Of India Thr The Deputy .. Respondents
Secretary The Ministry Of Shipping
Road And Ors
WITH
WRIT PETITION NO. 8524 OF 2025
Kusumbai Vasant Sanap Since Decd .. Petitioner
Throu. L.H
V/s.
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The Union Of India Thr The Deputy .. Respondents
Secretary The Ministry Of Shipping
Road And Ors
WITH
WRIT PETITION NO. 8521 OF 2025
Abhimanyu Kashinath Kardak Since .. Petitioner
Decd Throu. L.H
V/s.
The Union Of India Thr The Deputy .. Respondents
Secretary The Ministry Of Shipping
Road And Ors
WITH
WRIT PETITION NO. 8513 OF 2025
Pandurang Salaba Girhe And Anr .. Petitioners
V/s.
The Union Of India Thr The Deputy .. Respondents
Secretary The Ministry Of Shipping
Road And Ors
WITH
WRIT PETITION NO. 8601 OF 2025
Jagannath Shankar Sanap .. Petitioner
V/s.
The Union Of India Thr The Deputy .. Respondents
Secretary The Ministry Of Shipping
Road And Ors
WITH
WRIT PETITION NO. 8602 OF 2025
Vilas Hari Pathare And Ors .. Petitioners
V/s.
The Union Of India Thr The Deputy .. Respondents
Secretary The Ministry Of Shipping
Road And Ors
WITH
WRIT PETITION NO. 8519 OF 2025
Indrakumar Bankatlal Luniya .. Petitioner
V/s.
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The Union Of India Thr The Deputy .. Respondents
Secretary The Ministry Of Shipping
Road And Ors
WITH
WRIT PETITION NO. 8523 OF 2025
Lakshyman Ramchandra Shelke Since .. Petitioners
Decd Thr Legal Heirs
V/s.
The Union Of India Thr The Deputy .. Respondents
Secretary The Ministry Of Shipping
Road And Ors
WITH
WRIT PETITION NO. 8514 OF 2025
Mujmmil Shaukat Bagvan And Ors .. Petitioners
V/s.
The Union Of India Thr The Deputy .. Respondents
Secretary The Ministry Of Shipping
Road And Ors
WITH
WRIT PETITION NO. 8507 OF 2025
Ramnath Govida Jaybhave Since Decd .. Petitioners
Thr Legal Heirs
V/s.
The Union Of India Thr the Deputy .. Respondents
Secretary Thr Ministry Of And Ors
WITH
WRIT PETITION NO. 8516 OF 2025
Lilabai Maruti Shelke And Anr .. Petitioners
V/s.
The Union Of India Thr The Deputy .. Respondents
Secretary The Ministry Of Shipping
Road And Ors
WITH
WRIT PETITION NO. 8508 OF 2025
Pandurang Dagadu Sanap And Anr .. Petitioners
V/s.
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The Union Of India Thr the Deputy .. Respondents
Secretary Thr Ministry Of And Ors
WITH
WRIT PETITION NO. 8522 OF 2025
Somath Kisan Shelke .. Petitioner
V/s.
The Union Of India Thr the Deputy .. Respondents
Secretary Thr Ministry Of And Ors
WITH
WRIT PETITION NO. 8505 OF 2025
Sangita Sudam Avhad And Ors .. Petitioners
V/s.
The Union Of India Thr the Deputy .. Respondents
Secretary Thr Ministry Of And Ors
WITH
WRIT PETITION NO. 8515 OF 2025
Shankar Shivram Pathare And Ors .. Petitioners
V/s.
The Union Of India Thr the Deputy .. Respondents
Secretary Thr Ministry Of And Ors
WITH
WRIT PETITION NO. 8529 OF 2025
Jayvant Pandurang Sanap .. Petitioner
V/s.
The Union Of India Thr the Deputy .. Respondents
Secretary Thr Ministry Of And Ors
WITH
WRIT PETITION NO. 8526 OF 2025
Latif Fakir Mohammad Shaikh .. Petitioner
V/s.
The Union Of India Thr The Deputy .. Respondents
Secretary The Ministry Of Shipping
Road And Ors
WITH
WRIT PETITION NO. 8527 OF 2025
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Vitthal Kisan Shelke .. Petitioner
V/s.
The Union Of India Thr the Deputy .. Respondents
Secretary Thr Ministry Of And Ors
WITH
WRIT PETITION NO. 8528 OF 2025
Karbhari Devram Barke Andsince .. Petitioner
Deceased Throu. L.H.
V/s.
The Union Of India Thr The Deputy .. Respondents
Secretary The Ministry Of Shipping
Road And Ors
WITH
WRIT PETITION NO. 8512 OF 2025
Ramnath Bhivaji Pathare And Ors. .. Petitioners
V/s.
The Union Of India Thr the Deputy .. Respondents
Secretary Thr Ministry Of And Ors
WITH
WRIT PETITION NO. 8643 OF 2025
Balu Kisan Shelke Decd Thru. Lhrs. .. Petitioners
V/s.
The Union Of India Thr The Deputy .. Respondents
Secretary The Ministry Of Shipping
Road And Ors
WITH
WRIT PETITION NO. 8530 OF 2025
Bhaguji Ananda Kandekar (Since .. Petitioners
Deceased Thru.) Lrs
V/s.
The Union Of India Thr the Deputy .. Respondents
Secretary Thr Ministry Of And Ors
WITH
WRIT PETITION NO. 8510 OF 2025
Jijabai Pandharinath Shelke Decd .. Petitioners
Through Lhrs
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V/s.
The Union Of India Thr The Deputy .. Respondents
Secretary The Ministry Of Shipping
Road And Ors
-------------------
Mr. Prashant D. Patil, for the Petitioners in all Petitions.
Mr. Rakesh L. Singh i/by M.V. Kini and Co., for NHAI.
Ms. Leela Patil with Ashutosh Mishra, Ashok Varma for Respondent No.
1/UOI in all Writ Petitions.
Mr. B.V Samant, Addl. G.P. in WP/8509/2025, WP/8529/2025.
Ms. Leela Patil, 'B' Panal in WP/8531/2025, WP/8526/2025.
Ms. M.S. Bane, AGP, in WP/8599/2025, WP/8527/2025.
Mr. Saket Mone, 'B' Panel in WP/8518/2025, WP/8528/2025.
Mr. R. S. Pawar, AGP, in WP/8524/2025, WP/8512/2025.
Mr. S.P. Kamble, AGP in WP/8521/2025, WP/8512/2025.
Ms. T.N. Bhatia, AGP in WP/8513/2025, WP/8643/2025.
Mr. N.M. Pable, AGP in WP/8601/2025, WP/8530/2025.
Ms. P.M. Joshi, AGP in WP/8602/2025, WP/WP/8510/2025.
Mr. O.A. Chandurkar, Addl. G.P. in WP/8519/2025.
Mr. Y.D Patil, AGP in WP/8523/2025.
Ms. M.P. Thakur, AGP in WP/8514/2025.
Mr. Ketan Joshi, 'B' Panel in WP/8507/2025.
Ms. G.R. Raghuwanshi, AGP, in WP/8516/2025.
Mr. A.I. Patil, Addl. G.P in WP/8508/2025.
Mr. N.C. Walimbe, Addl. G.P in WP/8522/2025.
Ms. A.A. Pawar, AGP in WP/8508/2025.
Ms. Pooja Patil, AGP in WP/8515/2025.
Ms. T.N. Bhatia, AGP in WP/8529/2025.
Mr. M.M. Pable, AGP in WP/8526/2025, WP/8527/2025 and
WP/8528/2025.
Ms. P.M. Joshi- Deshpande, AGP in WP/8512/2025, WP/8643/2025,
WP/8530/2025 ane WP/8510/2025.
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WITH
WRIT PETITION NO. 698 OF 2026
Indian Auto Industries Petitioner
...
V/s.
The State Of Maharashtra Through Respondents
The Collector, Nashik And Ors ...
WITH
WRIT PETITION NO. 707 OF 2026
Kushaba Karbhari Aher .. Petitioner
V/s.
The State Of Maharashtra Through the .. Respondents
Collector, Nashik And Ors
WITH
WRIT PETITION NO. 763 OF 2026
Capitol Fibres Pvt. Ltd. Thr Its .. Petitioner
Director Kumar Kewalramani
V/s.
The State Of Maharashtra Through the .. Respondents
Collector, Nashik And Ors
WITH
WRIT PETITION NO. 764 OF 2026
Gajendra Dashrath Malunjkar .. Petitioners
And Anr
V/s.
The State Of Maharashtra Through the .. Respondents
Collector, Nashik And Ors
WITH
WRIT PETITION NO. 765 OF 2026
Manikrao Trymbak Boraste .. Petitioner
V/s.
The State Of Maharashtra Through the .. Respondents
Collector, Nashik And Ors
WITH
WRIT PETITION NO. 766 OF 2026
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Ramchandra Baban Gaikhe .. Petitioner
Decd Thro. L.H. Vasant
Ramchandra Gaikhe
V/s.
The State Of Maharashtra Through the .. Respondents
Collector, Nashik And Ors
WITH
WRIT PETITION NO. 767 OF 2026
Pandharinath Pandurang .. Petitioners
More And Ors
V/s.
The State Of Maharashtra And Ors .. Respondents
WITH
WRIT PETITION NO. 768 OF 2026
Dundaram Tolu Nimse .. Petitioner
V/s.
The State Of Maharashtra And Ors .. Respondents
WITH
WRIT PETITION NO. 769 OF 2026
Madhav Veduji Vidhate .. Petitioner
V/s.
The State Of Maharashtra And Ors .. Respondents
WITH
WRIT PETITION NO. 770 OF 2026
Rajesh Laxman Gaikhe .. Petitioner
V/s.
The State Of Maharashtra And Ors .. Respondents
WITH
WRIT PETITION NO. 771 OF 2026
Jamil Ahmad Haji Shamsulahak .. Petitioners
And Ors
V/s.
The State Of Maharashtra And Ors .. Respondents
WITH
WRIT PETITION NO. 772 OF 2026
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Ramdas Shrawan Kokate .. Petitioner
V/s.
The State Of Maharashtra And Ors .. Respondents
WITH
WRIT PETITION NO. 773 OF 2026
Abdul Rashid Mohammad Ali .. Petitioner
Khan
V/s.
The State Of Maharashtra Thru. .. Respondents
Collector And Ors
WITH
WRIT PETITION NO. 774 OF 2026
Anand Gopal Jathan .. Petitioner
V/s.
The State Of Maharashtra Thru. .. Respondents
Collector And Ors
WITH
WRIT PETITION NO. 775 OF 2026
Ramibai Chhabu Thakre .. Petitioner
V/s.
The State Of Maharashtra Thru. G P .. Respondents
And Ors
WITH
WRIT PETITION NO. 777 OF 2026
Ramibai Chhabu Thakre .. Petitioner
V/s.
The State Of Maharashtra Thru. G P .. Respondents
And Ors
WITH
WRIT PETITION NO. 17629 OF 2025
Santosh Sudam Mhatre .. Petitioner
V/s.
The State Of Maharashtra And Ors .. Respondents
WITH
WRIT PETITION NO. 17707 OF 2025
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Chandrakant Veduji Vidhate .. Petitioner
V/s.
The State Of Maharashtra And Ors .. Respondents
-------
Mr. Sachin Gite, for the Petitioners in all above petitions.
Mr. Rakesh L. Singh i/b Mr. MV. Kini & Co, for NHAI.
Mr. O.A. Chandurkar, Addl. G.P. with Ms. M.P. Thakur, AGP, for the State in
WP/698/2026.
Mr. N.C. Walimbe, Addl. G.P with Mr. R.S. Pawar, for the State in
WP/707/2026.
Ms. M.S. Bane, AGP, in WP/763/2026.
Ms. T.N. Bhatia, AGP in WP/764/2026.
Mr. Y.D Patil, AGP in WP/765/2026.
Ms. A.A. Purav, AGP in WP/766/2026.
Mr. R.S. Pawar, AGP in WP/767/2026 and WP/769/2026
Ms. M.S. Bane, AGP in WP/768/2026.
Mr. B.V. Samant, Addl. GP. Along with G.R. Raghuwanshi, AGP, for the State
in WP/770/2026.
Mr. A.I. Patel, Addl. G.P. with Y.D. Patil, AGP, for the State in WP/771/2026.
Mr. A.I. Patel, Addl. G.P. with S.P. Kamble, AGP, for the State in
WP/772/2026.
Ms. S.D. Vyas, Addl. G.P with Ms. P.M. Joshi-Deshpande, AGP, for the State in
WP/773/2026.
Ms. Kavita Solunke, Addl. GP with Mr. M.M. Pable, AGP for the State in
WP/774/2026.
Ms.T.N. Bhatia, AGP for the State in WP/775/2026.
Ms. A.A. Purav, AGP for the State in WP/777/2026.
Ms. S.D. Vyas, Addl. G.P with Ms. Leena Patil, AGP, for the State in
WP/17629/2025.
Ms. S.D. Vyas, Addl. G.P with Ms. P.N. Diwan AGP, for the State in
WP/17707/2025.
--------------------
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ.
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DATE : 17TH JANUARY 2026.
PC:
1. All these writ petitions raise a common issue regarding non-
payment of statutory benefits of solatium and interest under Sections 23 and
28 of the Land Acquisition Act of 1894.
2. It is the case of the petitioners that the respondent-National
Highway Authority of India (NHAI), being the beneficiary of the acquisition
along with the other respondents failed to comply with the requirements of
law as specifically clarified by the Supreme Court in the case of 'Union of
India and another Vs. Tarsem Singh and others' 1
3. Since the respondents in the present case are State Authorities
and the NHAI, who are represented by the learned AGP and the learned
counsel appearing for the NHAI, the petitions are taken up for disposal. This
is particularly in the backdrop of the fact that this Court, in a number of
such petitions, following the law laid down by the Supreme Court in the
case of 'Union of India and another Vs. Tarsem Singh and others' (supra),
has already granted relief as claimed in all these petitions.
4. In the series of orders passed by this Court, is an order dated 7 th
October, 2025, passed by a Division Bench of this Court (Coram: G. S.
1 (2019) 9 SCC 304
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Kulkarni & Arti Sathe JJ) in Writ Petition No. 16370 of 2023 (Jagannath
Vishnu Pawar Vs. Union of India, along with connected writ petitions).
Perusal of the said order shows that the Division Bench of this Court referred
to the said judgment of the Supreme Court in the case of 'Union of India and
another Vs. Tarsem Singh and others' (supra) as also a number of orders
passed by coordinate Benches of this Court, such as in the case of 'M/s.
Manidhari Realtors Private Limited and another Vs. Union of India and
Others'2 and other such orders reaching the conclusion that the reliefs
sought by the petitioners were entirely covered by the said judgments and
orders. Thereupon, the Division Bench of this Court also took note of the
pendency of certain Miscellaneous Application before the Supreme Court in
the context of the earlier judgment in the case of 'Union of India and
another Vs. Tarsem Singh and others' (supra) and found that since the
Supreme Court had not granted any interim order or stay, therefore, there
was no impediment in granting relief to the petitioners therein. Accordingly,
the Division Bench of this Court, allowed the writ petitions and directed the
aforementioned statutory benefits to be calculated and deposited before the
Competent Authority, which would then disburse the amounts to the
petitioners.
5. The learned counsel for the petitioners in all these petitions listed
today, are seeking identical relief.
2 Writ Petition No. 7224 of 2022, dated 25.04.2025
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6. Mr. Singh, learned counsel appearing for NHAI, is unable to
dispute the fact that the case of the petitioners in these petitions is identical
and hence covered by the earlier orders passed by this Court, including the
said order passed on 7th October, 2025, in the case of 'Jagannath Vishnu
Pawar Vs. Union of India and Ors'3 and connected writ petitions, by
following the law laid down by the Supreme Court in the case of 'Union of
India and another Vs. Tarsem Singh and others' (supra). But, he submitted
that instead of directing disbursal of the amounts in favor of the petitioners,
this Court may consider issuing only a direction of depositing the amount
with that Competent Authority. In that context reference was made to a
recent order passed by the Supreme Court in Special Leave Petition (C) No.
36306 of 2025, which arose out of an order passed by this Court directing
amounts to be disbursed to similarly situated petitioners. In the said order,
the Supreme Court had directed the amounts to be deposited with the
Competent Authority. It was further informed that the Special Leave Petition
is now listed before the Supreme Court on 19th January, 2026.
7. It was further submitted that although a review petition filed in
the context of the judgment of the Supreme Court in the case of 'Union of
India and another Vs. Tarsem Singh and others' (supra) was dismissed in
February 2025 by the Supreme Court, another Miscellaneous Application
3 Writ Petition (C) No. 16370 of 2023 of Bombay High Court.
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was pending. But, it was conceded that there was no interim stay or interim
order passed by the Supreme Court.
8. We find that since the case of the petitioners in these petitions is
admittedly covered by the judgment of the Supreme Court in the case of
'Union of India and another Vs. Tarsem Singh and others' (supra) and a
number of orders passed by coordinate Benches of this Court, it is not
necessary to discuss the facts of each and every petition separately. It is
undisputed that the petitioners before this Court in these petitions were also
deprived of statutory benefits of solatium and interest as payable under
Sections 23 and 28 of the Land Acquisition Act, 1894. In terms of the law
laid down by the Supreme Court in the case of 'Union of India and another
Vs. Tarsem Singh and others' (supra) and relief being granted to identically
situated petitioners in a number of writ petitions, by coordinate Benches of
this Court, we are inclined to allow these writ petitions.
9. It is relevant to note that the Supreme Court, while rejecting an
application seeking clarification/review of the judgment in the case of
'Union of India and another Vs. Tarsem Singh and others' (supra), held that
the principles established in the said judgment regarding the beneficial
nature of granting solatium and interest cannot be deviated from, and
accordingly, the said principles were confirmed while dismissing the
applications seeking clarifications/review.
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10. It is also an admitted position that in the proceedings that may
still be pending before the Supreme Court in the context of the said
judgment passed in the case of 'Union of India and another Vs. Tarsem Singh
and others' (supra), there is no interim stay or interim relief granted by the
Supreme Court, and hence there is no impediment in allowing these writ
petitions on the very same lines as the earlier writ petitions allowed by the
Coordinate Benches of this Court.
11. We find that merely directing the NHAI to calculate and deposit
the amounts payable towards such statutory benefits, before the Competent
Authority would mean that although we accept the contention of the
petitioners by applying the law laid down by the Supreme Court, yet the
petitioners would stand deprive of enjoying the fruits of such relief.
12. We are not inclined to agree with the learned counsel appearing
for NHAI that the direction regarding disbursal of amounts to the petitioners
may not be granted while the NHAI would be depositing the amounts before
the Competent Authority.
13. Hence, these writ petitions are allowed, and the respondents are
directed to calculate the amounts towards statutory benefits of solatium and
interest payable to the petitioners under Sections 23 and 28 of the Land
Acquisition Act, 1894, alongwith further consequential directions. The
petitions are disposed of as follows:
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ORDER
(i) The Petitioners shall furnish copies of their
respective awards to the Competent Authority/Special Land
Acquisition Officer within a period of two weeks from the
date of uploading of this order, for the purpose of computing
of the amount of solatium and interest as may be payable to
the Petitioners in terms what has been held by the Supreme
Court in 'Union of India and another Vs. Tarsem Singh and
others' (supra);
(ii) The Competent Authority shall, on receipt of copies
of the awards, make appropriate computation of the
amounts payable to the Petitioners, and intimate the same to
the Project Director, NHAI, within a period of six weeks from
the date of receipt of copies of the awards;
(iii) The Project Director, NHAI, shall accept such
computation and deposit with the Competent Authority the
amounts which become payable to each of the Petitioners
towards solatium and interest. Such amounts be deposited
within a period of six weeks from the date of receipt of
computation from the Competent Authority.
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(iv) The Competent Authority thereafter shall proceed
to disburse the amounts to the Petitioners as would be
received from the Project Director, NHAI/acquiring body;
(v) All contentions of the parties are expressly kept
open with regard to the calculation of the quantum of
amount payable towards solatium and interest under
Sections 23 and 28 of the Land Acquisition Act, 1894.
(vi) The petitions stand disposed of in above terms.
Pending applications, if any, also stand disposed of.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
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