CWP No.18173 of 202 IN THE HIGH COURT OF PUNJAB AND HARYANA 176 JASBIR SINGH Vs NATIONAL HIGHWAY AUTHORITY OF INDIA AND ORS. CORAM: HON'BLE MR. Present: Mr. for the petitioner HARKESH MANUJA, J. (Oral) 1. The present writ petition has been filed under Articles 226/227 of Constitution of India. The limited relief sought is to grant 100% solatium alongwith interest to the petitioner as per Section 30 and The First Schedule of the Right to Fair Transparency in Land Acquisition, Rehabilitation and short, “2013 Act”) for the land acquired under (for short ‘the 1956 Act’) Competent Authority Land Acquisition II. 2. The c (Annexure P-2) issued by the Ministry of Road Transport and Highways the grant of benefit of 2013 Act to the landowners. 2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. Date of Decision: JASBIR SINGH NATIONAL HIGHWAY AUTHORITY OF INDIA AND ORS. HON'BLE MR. JUSTICE HARKESH MANUJ Mr. Raj Karan Singh Verka, Advocate for the petitioner. **** HARKESH MANUJA, J. (Oral) The present writ petition has been filed under Articles 226/227 of Constitution of India. The limited relief sought is to grant 100% solatium alongwith interest to the petitioner as per Section 30 and The First Schedule of the Right to Fair Transparency in Land Acquisition, Rehabilitation and short, “2013 Act”) for the land acquired under (for short ‘the 1956 Act’) in view of award dated 10.10.2014 passed by the Competent Authority Land Acquisition-cum-Sub Divisional Magistrate, Amritsar The claim is based on the guidelines/letter dated 28.12.2017 ) issued by the Ministry of Road Transport and Highways the grant of benefit of 2013 Act to the landowners. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.18173 of 2026 (O&M) Date of Decision:29.05.2026 ….Petitioner NATIONAL HIGHWAY AUTHORITY OF INDIA AND ORS. ....Respondents JUSTICE HARKESH MANUJA , Advocate The present writ petition has been filed under Articles 226/227 of Constitution of India. The limited relief sought is that the respondents be directed to grant 100% solatium alongwith interest to the petitioner as per provisions of Section 30 and The First Schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, “2013 Act”) for the land acquired under the National Highways Act, 1956 award dated 10.10.2014 passed by the Sub Divisional Magistrate, Amritsar laim is based on the guidelines/letter dated 28.12.2017 ) issued by the Ministry of Road Transport and Highways regarding the grant of benefit of 2013 Act to the landowners. 1 the directed provisions of Compensation and 2013 (for the National Highways Act, 1956 award dated 10.10.2014 passed by the Sub Divisional Magistrate, Amritsar- laim is based on the guidelines/letter dated 28.12.2017 regarding MOHMED ATIK 2026.05.29 19:20 I attest to the accuracy and integrity of this order/judgmemtt CWP No.18173 of 202 3. In sho was acquired by NHAI vide Notification Sections 3-A and 3 “building (widening and four laning) maintenance, management and operation of the National Highw K.M. 112.575 to dated 10.10.2014 was passed by respondent No. solatium at 30% was granted alongwith other that in view of the abovesaid letter/guidelines, the solatium has to be granted @ 100% alongwith interest. 4. Learned counsel submits that the award dated 10.10.2014 P-1) was passed by respondent No. the representation that the amount was paid to the petitioner relevant date i.e. 31.12.2014 fixed by the NHAI and, entitled for the benefit of 100% solatium, plus interest. 5. Notice of motion 6. On asking of the Court, Kaushal, Advocate Jarewal, D.A.G., Punjab 7. Keeping in view the controversy involved, there is no requirement as such to call upon for reply on behalf of the respondents as it would delay t proceedings further. 2026 (O&M) In short, the stand of the petitioner was acquired by NHAI vide Notifications dated 05.07.2013 A and 3-D of 1956 Act, respectively building (widening and four laning) maintenance, management and operation of the National Highway No.15 (Amritsar Section) on the stretch of land from K.M. 112.575 to 116.650 km. (Asr-II) Section in District Amritsar dated 10.10.2014 was passed by respondent No. solatium at 30% was granted alongwith other statutory benefits. The grouse thus is that in view of the abovesaid letter/guidelines, the solatium has to be granted @ 100% alongwith interest. Learned counsel submits that the award dated 10.10.2014 was passed by respondent No.3, whereby solatium at 30% was granted and the representation/legal notice dated 12.03.2026 the amount was paid to the petitioner only after 01.01.2015 i.e. much after the relevant date i.e. 31.12.2014 fixed by the NHAI and, ntitled for the benefit of 100% solatium, plus interest. Notice of motion to respondent Nos.2 & 3 only On asking of the Court, Ms. Komal Bishnoi, Advocate Kaushal, Advocate accepts notice on behalf o Jarewal, D.A.G., Punjab accepts notice on behalf of respondent Keeping in view the controversy involved, there is no requirement as such to call upon for reply on behalf of the respondents as it would delay t proceedings further. rt, the stand of the petitioner is that certain land owned by him dated 05.07.2013 and 04.02.2014 under D of 1956 Act, respectively for public purpose namely building (widening and four laning) maintenance, management and operation ay No.15 (Amritsar Section) on the stretch of land from II) Section in District Amritsar”. The award dated 10.10.2014 was passed by respondent No.3 (Annexure P-1), whereby statutory benefits. The grouse thus is that in view of the abovesaid letter/guidelines, the solatium has to be granted @ Learned counsel submits that the award dated 10.10.2014 (Annexure reby solatium at 30% was granted and .2026 was moved before the respondents after 01.01.2015 i.e. much after the relevant date i.e. 31.12.2014 fixed by the NHAI and, therefore, the petitioners ntitled for the benefit of 100% solatium, plus interest. to respondent Nos.2 & 3 only. Ms. Komal Bishnoi, Advocate for Mr. Rishi accepts notice on behalf of respondent No.2 and Mr. Puru accepts notice on behalf of respondent No.3/State. Keeping in view the controversy involved, there is no requirement as such to call upon for reply on behalf of the respondents as it would delay t 2 him and 04.02.2014 under namely building (widening and four laning) maintenance, management and operation ay No.15 (Amritsar Section) on the stretch of land from The award ), whereby statutory benefits. The grouse thus is that in view of the abovesaid letter/guidelines, the solatium has to be granted @ (Annexure reby solatium at 30% was granted and the respondents after 01.01.2015 i.e. much after the are for Mr. Rishi Mr. Puru Keeping in view the controversy involved, there is no requirement as such to call upon for reply on behalf of the respondents as it would delay the MOHMED ATIK 2026.05.29 19:20 I attest to the accuracy and integrity of this order/judgmemtt CWP No.18173 of 202 8. Without commenting upon the merits of the case and also about the entitlement of the petitioner, the present writ petition is disposed of with direction to respondent No. (Annexure P-3) and pass a speaking order within a period of two months from the date of receipt of certified copy of the order by associating concerned Project Director-NHAI with the said process. 9. In case, the petition guidelines/letter dated 28.12.2017 payable, the same be disbursed to the petitioner within a period of three months thereafter. 10. The writ petition is accordingly, disp if any shall also stand disposed of. May 29, 2026 Atik Whether speaking/reasoned Whether reportable 2026 (O&M) Without commenting upon the merits of the case and also about the entitlement of the petitioner, the present writ petition is disposed of with direction to respondent No.3 to take a decision on the legal notice dated ) and pass a speaking order within a period of two months from the date of receipt of certified copy of the order by associating concerned Project NHAI with the said process. In case, the petitioner's case is covered under the abovesaid guidelines/letter dated 28.12.2017, necessary award be passed and the amount if so payable, the same be disbursed to the petitioner within a period of three months The writ petition is accordingly, disp if any shall also stand disposed of. Whether speaking/reasoned Yes/No Whether reportable Yes/No Without commenting upon the merits of the case and also about the entitlement of the petitioner, the present writ petition is disposed of with direction to take a decision on the legal notice dated 12.03.2026 ) and pass a speaking order within a period of two months from the date of receipt of certified copy of the order by associating concerned Project case is covered under the abovesaid necessary award be passed and the amount if so payable, the same be disbursed to the petitioner within a period of three months The writ petition is accordingly, disposed of. Pending application(s), (HARKESH MANUJA) JUDGE Yes/No Yes/No 3 Without commenting upon the merits of the case and also about the entitlement of the petitioner, the present writ petition is disposed of with direction .2026 ) and pass a speaking order within a period of two months from the date of receipt of certified copy of the order by associating concerned Project case is covered under the abovesaid necessary award be passed and the amount if so payable, the same be disbursed to the petitioner within a period of three months . Pending application(s), MOHMED ATIK 2026.05.29 19:20 I attest to the accuracy and integrity of this order/judgmemtt