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High Court of Punjab and Haryana · body

2013 DAILYLAW 1861 (PNJ)

GURALAMBIR SINGH HUNDAL AND ANOTHER v. UNION OF INDIA AND OTHER

CWP/17185/2026 · 2026-05-27

Harkesh Manuja

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Judgment text

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176 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH GURALAMBIR SINGH HUNDAL AND ANR. UNION OF INDIA AND ORS. CORAM: HON'BLE MR. JUSTICE Present: Mr. Chander Kant Rana, HARKESH MANUJA In the present petition, the limited relief sought is for issuance of directions to the respondents for grant of 100% solatium alongwith interest to the petitioners as per the provisions of Section 30 and The First Schedule of the Right to Fair Compensatio Rehabilitation and Resettlement Act, 2013 (for short, “2013 Act”) for the land acquired under the National Highways Act, 1956 (for short “1956 Act”) in view of the guidelines dated 28.12.2017 framed by the Ministry o Highways (MoRTH), Govt. of India. [2] In short, the stand of the petitioner them was acquired by the National Highway Authority of India vide Notification dated 05.07.2013 issued declaration/notification dated 04.02.2014 under Section 3(D) thereof. The public purpose for the acquisition of land was stated to be “for building (widening/four laning etc) maintenance, management and operation of the National Highway No.15 on the stretch of land from K.M. 112.575 to Km 116.650 (Asr-II) Section dated 10.10.2014 (Anenxure P solatium at 30% was granted alongwith other sta [3] Learned counsel for the petitioner award assessing market value along with 30% solatium was passed on 10.10.2014; however, the compensation was paid to i.e. much after the relevant d the petitioners are view of the aforesaid guidelines dated 28.12.2017 issued by the Govt. of India. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: GURALAMBIR SINGH HUNDAL AND ANR. Versus UNION OF INDIA AND ORS. HON'BLE MR. JUSTICE HARKESH MANUJA Mr. Chander Kant Rana, Advocate for the **** HARKESH MANUJA, J. (ORAL) In the present petition, the limited relief sought is for issuance of directions to the respondents for grant of 100% solatium alongwith interest to the petitioners as per the 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 (for short “1956 Act”) in view of the guidelines dated 28.12.2017 framed by the Ministry o Highways (MoRTH), Govt. of India. In short, the stand of the petitioner was acquired by the National Highway Authority of India vide Notification dated 05.07.2013 issued under Section 3(A) of the declaration/notification dated 04.02.2014 under Section 3(D) thereof. The public purpose for the acquisition of land was stated to be “for building (widening/four laning etc) maintenance, management and operation of the way No.15 on the stretch of land from K.M. 112.575 to Km II) Section in District of Amritsar in the State of Punjab”. Award dated 10.10.2014 (Anenxure P-3) was passed by respondent No .6, whereby solatium at 30% was granted alongwith other sta Learned counsel for the petitioner award assessing market value along with 30% solatium was passed on 10.10.2014; however, the compensation was paid to i.e. much after the relevant date i.e. 31.12.2014 fixed by the NHAI, therefore, are entitled for the benefit of 100% solatium alongwith interest in view of the aforesaid guidelines dated 28.12.2017 issued by the Govt. of India. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-17185-2026 Date of Decision: May 27, 2026 GURALAMBIR SINGH HUNDAL AND ANR. ....Petitioners ........Respondent HARKESH MANUJA Advocate for the petitioners. In the present petition, the limited relief sought is for issuance of directions to the respondents for grant of 100% solatium alongwith interest to the petitioners as per the provisions of Section 30 and The First Schedule of n and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, “2013 Act”) for the land acquired under the National Highways Act, 1956 (for short “1956 Act”) in view of the guidelines dated 28.12.2017 framed by the Ministry of Road Transport & In short, the stand of the petitioners is that certain land owned by was acquired by the National Highway Authority of India vide Notification er Section 3(A) of the 1956 Act, followed by declaration/notification dated 04.02.2014 under Section 3(D) thereof. The public purpose for the acquisition of land was stated to be “for building (widening/four laning etc) maintenance, management and operation of the way No.15 on the stretch of land from K.M. 112.575 to Km in District of Amritsar in the State of Punjab”. Award 3) was passed by respondent No .6, whereby solatium at 30% was granted alongwith other statutory benefits. Learned counsel for the petitioners contends that although the award assessing market value along with 30% solatium was passed on 10.10.2014; however, the compensation was paid to them after 01.01.2015, ate i.e. 31.12.2014 fixed by the NHAI, therefore, entitled for the benefit of 100% solatium alongwith interest in view of the aforesaid guidelines dated 28.12.2017 issued by the Govt. of India. 2026 May 27, 2026 In the present petition, the limited relief sought is for issuance of directions to the respondents for grant of 100% solatium alongwith interest to the petitioners as per the provisions of Section 30 and The First Schedule of n and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, “2013 Act”) for the land acquired under the National Highways Act, 1956 (for short “1956 Act”) in view f Road Transport & is that certain land owned by was acquired by the National Highway Authority of India vide Notification followed by declaration/notification dated 04.02.2014 under Section 3(D) thereof. The public purpose for the acquisition of land was stated to be “for building (widening/four laning etc) maintenance, management and operation of the way No.15 on the stretch of land from K.M. 112.575 to Km in District of Amritsar in the State of Punjab”. Award 3) was passed by respondent No .6, whereby contends that although the award assessing market value along with 30% solatium was passed on after 01.01.2015, ate i.e. 31.12.2014 fixed by the NHAI, therefore, entitled for the benefit of 100% solatium alongwith interest in TEJWINDER SINGH 2026.06.01 12:21 I agree to specified portions of this document CWP-17185-2026 -2- [4] At this stage, learned counsel for the petitioners, on instructions, submits that instead of pressing the present petition on merits, his client would be satisfied in case his legal notice dated 20.02.2026 (Annexure P-4) made before respondent Nos. 3 to 7 for grant of 100% solatium alongwith interest is decided expeditiously [5] Notice of motion to the aforesaid limited extent qua respondent Nos. 3 to 7 only. [6] On asking of the Court, Ms. Komal Bishnoi, Advocate for Mr. Rishi Kaushal, Advocate, accepts notice on behalf of respondent Nos. 3 to 5, whereas Mr. Puru Jarewal, Deputy Advocate General, Punjab, accepts notice on behalf of respondent Nos. 6 & 7. They raise no objection against the innocuous prayer made on behalf of the petitioners. [7] In view of the above, but without expressing any opinion on merits of the claim of petitioners, present writ petition is disposed of with direction to the respondents concerned to decide the aforesaid legal notice of petitioners in accordance with law within a period of eight weeks from the date of receipt of certified copy of this order. [8] Further, in case the petitioners’ claim is covered under the abovesaid guidelines/letter dated 28.12.2017, necessary award be passed and the amount, if so payable, be disbursed to them within a period of three months thereafter. [9] Needless to say that if the petitioners are still aggrieved, they would be at liberty to challenge the order passed by the competent authority. [10] Pending miscellaneous application(s), if any, shall also stand disposed of. 27.05.2026 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No TEJWINDER SINGH 2026.06.01 12:21 I agree to specified portions of this document