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2025 DAILYLAW 66156 (BOM)

MOHAN BUDHAJI CHAUDHARI v. THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS

WP/11687/2025 · 2025-12-17

Shri Hiten S Venegavkar, Smt Vibha Kankanwadi

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Judgment text

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916 to 966 (NHAI).odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 916 WRIT PETITION NO. 11687 OF 2025 Mohan Budhaji Chaudhari VERSUS The Union Of India Through The Deputy Secretary And Others AND 917 WRIT PETITION NO. 11688 OF 2025 Vilas Bhila Patil Died Thr Lrs Mahendra Vilas Sonawane And Another VERSUS The Union Of India Through The Deputy Secretary And Others AND 918 WRIT PETITION NO. 11689 OF 2025 Jijabai Baburao Patil Died Thr Lrs Kautik Baburao Sasle VERSUS The Union Of India Through The Deputy Secretary And Others AND 919 WRIT PETITION NO. 11690 OF 2025 Prakashsing Murarsing Pawar And Others VERSUS The Union Of India Through The Deputy Secretary And Others AND 920 WRIT PETITION NO. 11691 OF 2025 Vijay Bhalchandra Wankhede Death Mahesh Vijay Wankhede Sonar And Another VERSUS The Union Of India Through The Deputy Secretary And Others AND 921 WRIT PETITION NO. 11692 OF 2025 Vijay Rajaram Patil VERSUS The Union Of India Through The Deputy Secretary And Others AND 922 WRIT PETITION NO. 11693 OF 2025 Ramdas Dhashrath Mahale Died Thr Lrs Gopal Ramdas Mahale And Another VERSUS The Union Of India Through The Deputy Secretary And Others AND 923 WRIT PETITION NO. 11694 OF 2025 Imam Khan Bismilla Khan And Another VERSUS The Union Of India Through The Deputy Secretary And Others AND 924 WRIT PETITION NO. 11695 OF 2025 Ramanlal Sonraj Jain Died Thr Lrs Shakuntalabai Ramanlal Jain And Others VERSUS The Union Of India Through The Deputy Secretary And Others AND 925 WRIT PETITION NO. 11696 OF 2025 Sonal Bhausaheb Magar VERSUS The Union Of India Through The Deputy Secretary And Others AND 926 WRIT PETITION NO. 11697 OF 2025 [1] 2025:BHC-AUG:35867-DB 916 to 966 (NHAI).odt Pramod Mohanlal Jain And Another VERSUS The Union Of India Through The Deputy Secretary And Others AND 927 WRIT PETITION NO. 11698 OF 2025 Inderchand Khemchand Jain VERSUS The Union Of India Through The Deputy Secretary And Others AND 928 WRIT PETITION NO. 11699 OF 2025 Hiralal Atmaram Deore VERSUS The Union Of India Through The Deputy Secretary And Others AND 929 WRIT PETITION NO. 11700 OF 2025 Eknath Vedu Patil Died Through Lrs Meena Eknath Patil And Others VERSUS The Union Of India Through The Deputy Secretary And Others AND 930 WRIT PETITION NO. 11701 OF 2025 Jijabai Jagannath Patil VERSUS The Union Of India Through The Deputy Secretary And Others AND 931 WRIT PETITION NO. 11702 OF 2025 Dattu Bhivsan Khairnar VERSUS The Union Of India Through The Deputy Secretary And Others AND 932 WRIT PETITION NO. 11703 OF 2025 Sumanbai Aba Patil VERSUS The Union Of India Through The Deputy Secretary And Others AND 933 WRIT PETITION NO. 11704 OF 2025 Deelip Pundalik Rajput VERSUS The Union Of India Through The Deputy Secretary And Others AND 934 WRIT PETITION NO. 11705 OF 2025 Sagarchand Manakchand Tatiya VERSUS The Union Of India Through The Deputy Secretary And Others AND 935 WRIT PETITION NO. 11706 OF 2025 Himmat Mahadu Bhil Died Through Lrs Shrawan Himmat Bhavre And Another VERSUS The Union Of India Through The Deputy Secretary And Others AND 936 WRIT PETITION NO. 11707 OF 2025 Rajashree Mahavir Jain VERSUS The Union Of India Through The Deputy Secretary And Others AND 937 WRIT PETITION NO. 11708 OF 2025 [2] 916 to 966 (NHAI).odt Meenabai Bhagwan Patil VERSUS The Union Of India Through The Deputy Secretary And Others AND 938 WRIT PETITION NO. 11709 OF 2025 Naseembi Maksood Ahmed And Others VERSUS The Union Of India Through The Deputy Secretary And Others AND 939 WRIT PETITION NO. 11710 OF 2025 Sachin Vasantrao Zende VERSUS The Union Of India Through The Deputy Secretary And Others AND 940 WRIT PETITION NO. 11711 OF 2025 Sachin Vasantrao Zende VERSUS The Union Of India Through The Deputy Secretary And Others AND 941 WRIT PETITION NO. 11712 OF 2025 Meerabai Yashwant Saulnkhe VERSUS The Union Of India Through The Deputy Secretary And Others AND 942 WRIT PETITION NO. 11713 OF 2025 Mahesh Raghunath Sonar VERSUS The Union Of India Through The Deputy Secretary And Others AND 943 WRIT PETITION NO. 11714 OF 2025 Bhatu Govind Patil Died Thr Lrs Janabai Bhatu Sonawane And Others VERSUS The Union Of India Through The Deputy Secretary And Others AND 944 WRIT PETITION NO. 11715 OF 2025 Bhatu Govind Patil Died Thr Lrs Janabai Bhatu Sonawane And Others VERSUS The Union Of India Through The Deputy Secretary And Others AND 945 WRIT PETITION NO. 11716 OF 2025 Deelip Narayan Pingale VERSUS The Union Of India Thr The Deputy Secretary And Others AND 946 WRIT PETITION NO. 11718 OF 2025 Prakash Sambahji Wagh VERSUS The Union Of India Through The Deputy Secretary And Others AND 947 WRIT PETITION NO. 11719 OF 2025 Deelip Pundalik Rajput VERSUS The Union Of India Through The Deputy Secretary And Others AND 948 WRIT PETITION NO. 11720 OF 2025 Sagarchand Manakchand Tatiya [3] 916 to 966 (NHAI).odt VERSUS The Union Of India Through The Deputy Secretary And Others AND 949 WRIT PETITION NO. 11721 OF 2025 Arun Budhaji Chaudhari VERSUS The Union Of India Through The Deputy Secretary And Others AND 950 WRIT PETITION NO. 11722 OF 2025 Sagarchand Manakchand Tatiya VERSUS The Union Of India Through The Deputy Secretary And Others AND 951 WRIT PETITION NO. 11723 OF 2025 Ukha Garabad Bhil Died Thr Lrs Sarubai Ukha Bhil And Others VERSUS The Union Of India Through The Deputy Secretary And Others AND 952 WRIT PETITION NO. 11724 OF 2025 Nandkumar Motiram Patil VERSUS The Union Of India Through The Deputy Secretary And Others AND 953 WRIT PETITION NO. 11725 OF 2025 Aminabi Shaikh Fattu Death Shaikh Akabar Shaikh Fattu VERSUS The Union Of India Through The Deputy Secretary And Others AND 954 WRIT PETITION NO. 11774 OF 2025 Ujwala Sanjay Pawar And Others VERSUS The Union Of India Through The Deputy Secretary And Others AND 955 WRIT PETITION NO. 11775 OF 2025 Ramabai Bhaskar Kasar Died Thr Lrs Pradip Bhaskar Kolapkar Kasar And Others VERSUS The Union Of India Through The Deputy Secretary And Others AND 956 WRIT PETITION NO. 11776 OF 2025 Walmik Abhiman Koli VERSUS The Union Of India Through The Deputy Secretary And Others AND 957 WRIT PETITION NO. 11777 OF 2025 Vilas Bhila Patil Died Thr Lrs Mahendra Vilas Sonawane And Another VERSUS The Union Of India Through The Deputy Secretary And Others AND 958 WRIT PETITION NO. 11778 OF 2025 Bhagwandas Ramlal Agrawal Huf Karta Shrikisan Bhagwandas Agrawal And Anr VERSUS The Union Of India Through The Deputy Secretary And Others AND 959 WRIT PETITION NO. 11779 OF 2025 Jagatrao Ramesh Patil VERSUS [4] 916 to 966 (NHAI).odt The Union Of India Through The Deputy Secretary And Others AND 960 WRIT PETITION NO. 11780 OF 2025 Kedarnath Gangadhar Badhan VERSUS The Union Of India Through The Deputy Secretary And Others AND 961 WRIT PETITION NO. 11781 OF 2025 Sagar Chandrabhan Aaher VERSUS The Union Of India Through The Deputy Secretary And Others AND 962 WRIT PETITION NO. 11782 OF 2025 Pawan Shrikisan Agrawal VERSUS The Union Of India Through The Deputy Secretary And Others AND 963 WRIT PETITION NO. 11783 OF 2025 Jagatrao Ramesh Patil VERSUS The Union Of India Through The Deputy Secretary And Others AND 964 WRIT PETITION NO. 11785 OF 2025 Tarachand Sagarmal Agrawal VERSUS The Union Of India Through The Deputy Secretary And Others AND 965 WRIT PETITION NO. 11786 OF 2025 Sanjay Bhalchandra Wankhede And Another VERSUS The Union Of India Through The Deputy Secretary And Others AND 966 WRIT PETITION NO. 11826 OF 2025 Devidas Hiraman Patil VERSUS The Union Of India Through The Deputy Secretary And Others … Advocate for the petitioners in all the petitions :- Mr. A. D. Sonar AGPs for respondents/State in respective petitions :- Mr. A. B. Girase, Government Pleader, Mr. S. K. Tambe, Mr. V. M. Kagne, Mr. R. S. Wani, Mr. S. B. Narwade and Mr. A. M. Phule. Senior Panel Advocate/Central Government Counsel for respondents/Union of India in respective petitions :- Mr. N. U. Yadav, Ms. Mayuri Kasturkar, Mr. R. S. Sarvadnya, Mr. Rajesh Mewara, Mr. Akshay Kulkarni, Mr. S. W. Munde, Mr. N. T. Tribhuwan, Mr. A. R. Borulkar, Mr. R. B. Bagul, Mr. M. A. Golegaonkar, Mr. N. S. Salunke, Mr. Rajendra D. Sanap, Mr. N. T. Bhagat, Mr. Ravi Bangar, Mr. S. S. Deve and Mr. U. B. Bondar. Advocate for the respondent/NHAI in all the petitions :- Mr. Deepak S. Manorkar. ... CORAM : SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ. DATE : 17 DECEMBER 2025 [5] 916 to 966 (NHAI).odt ORDER : . All the petitions raise similar issues. 2. We have heard learned Advocates representing all the parties. 3. Learned Advocates for the petitioners have pointed out that earlier in group of matters i.e. Writ Petition No.240 of 2023 with companion matters (Rajendra Namdev Patil and others vs. The Competent Authority Land Acquisition), this Court had passed an order on 17.07.2025. Thereafter, again in Writ Petition No.7866 of 2021 with companion matters (Shilpa Rajendra Shinve Vs. The National Highway Authority of India, Through its Project Director and another), order came to be passed on 08.08.2025, wherein order in Rajendra Namdev Patil and others (Supra) was reproduced. Even it was expressed by the Coordinate Bench of this Court that in view of the order passed in Writ Petition No.12512 of 2019 (Trimbak Aadhar Bhamre and Anr. Vs. The Union of India and others with connected writ petitions), the same relief deserves to be granted, however, it appears that from the respondent/NHAI, there were submissions. This Court then based on Union of India and another Vs. Tarsem Singh and others, [(2019) 9 SCC 304], held that the petitioners would be entitled to solatium and interest on compensation amount in accordance with the principles laid down therein. When we have also expressed our view similar to the decision that has been taken by the earlier Benches, as they are in fact based on Union of India and another Vs. Tarsem Singh and others (Supra), the learned Advocate representing NHAI in all the matters have submitted that review petition has been filed by [6] 916 to 966 (NHAI).odt NHAI before the Hon’ble Supreme Court. By order dated 03.11.2025 (Review Petition (Civil) Diary No(s)44096 of 2025), the delay was condoned and notice has been issued. Important point to be noted is that the fact of review petition that has been filed was taken note of by this Court in Writ Petition No.7866 of 2021 and companion matters and it was observed that mere filing of review petition would not detain this Court from disposing of the writ petitions, in the light of the fact that petitions raising identical issues have been already disposed of earlier by this Court. We are also of the same view. However, till the review petition is decided, we are governed by the decision in Union of India and another Vs. Tarsem Singh and others (Supra) and, therefore, we also dispose of all the writ petitions in the following terms :- (a) In the light of above, these petitions are allowed by directing the competent authorities to compute and pay to the petitioners solatium and interest in accordance with the principles enunciated in the case of Union of India and another Vs. Tarsem Singh and others (Supra) within a period of six (6) months from today. (b) It is made clear that the petitioners shall assist the competent authorities by producing all relevant documents and upon verification of the same, the competent authorities shall proceed further. It is also clarified that payments made pursuant to the directions given herein above, shall be subject to the challenges, if any, raised under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996. [7] 916 to 966 (NHAI).odt (c) In the light of the observations made herein above, it is further made clear that if any of the parties are aggrieved by the quantum and computation carried out by the competent authority while carrying out the directions given herein above, the remedy of Section 3G (5) of the National Highways Act, 1956 would be available to such aggrieved party in accordance with law. It is further made clear that the competent Authority while implementing the directions given herein above shall give reasonable hearing to all stake holders. (d) The decision would then be ultimately subject to the outcome of the review petition before the Hon’ble Supreme Court. 4. Pending applications, if any, also stand disposed of. [ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE scm [8]