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2026 DAILYLAW 10629 (BOM)

KEDARNATH GANGADHAR BADHAN v. THE UNION OF INDIA THR THE DEPUTY SECRETARY AND ORS

WP/12015/2026 · 2026-09-15

Review Petitionbody2026

Judgment text

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{1} 39-wp-12015-2026 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 39 WRIT PETITION NO. 12015 OF 2026 Kedarnath Gangadhar Badhan & Others VERSUS The Union Of India And Others ... Mr. Dipesh Pande, Advocate for the Petitioner Mrs. Saie Joshi, AGP for the State Mr. U.B. Bondar, Advocate for Respondents No. 1 and 3 69 WRIT PETITION NO. 12103 OF 2026 Mangesh Sudhakar Tambe And Others VERSUS The Union Of India And Others Mr. Dipesh Pande, Advocate for the Petitioner Ms. Neha Kamble, AGP for the State Mr. U.B. Bondar, Advocate for Respondents No. 1 and 3 ....... CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 15th SEPTEMBER, 2026 PER COURT : 1. Indisputably, the issue raised in these petitions and the prayers made are squarely covered by the decision of the Co-ordinate Bench of this Court in Writ Petition No. 13783 of 2025 in the case of Prakash Dayaram Patil Devre vs. The Competent Authority Land Acquisition and Another and connected matters therein and in view of the principles enunciated in the case of Union of India (UOI) and Ors. Vs. Tarsem 2026:BHC-AUG:42636-DB {2} 39-wp-12015-2026 Singh and Ors. reported in 2019 (9) SCC 304. 2. The Hon’ble Apex Court in the Review Petition filed in the matter of National Highways Authority of India vs. Tarsem Singh and others in Review Petition (Civil) No. 2528 of 2025 has issued following directions: “ 14. Considering the facts and circumstances explained in the instant proceedings along with the various submissions placed on record and with a view to balancing the equities regarding delay and the entitlements of the landowners, we issue the following directions: (i) All landowners whose claims re: the quantum and/or components of compensation for their lands acquired under the NH Act were alive on or after 28.03.2008, i.e., they were pending before one of the prescribed fora, shall be entitled to seek addition of 'interest', 'solatium', and 'interest on the solatium' to their compensation claim; (ii) In the cases where compensation claims are alive on the aforesaid date, but the landowner has claimed "interest'". 'solatium', and 'interest on solatium' after 28.03.2008, no interest on both components shall be payable for the period of delay. Such landowner shall be entitled to 'Interest' and 'Interest on solatium' only from the date on which such claims were raised; and (iii) If the claims of the landowners stood concluded prior to 28.03.2008, with no further appeal, Writ Petition, Special Leave Petition, etc., then such landowners are not entitled to seek reopening, review, or modification of the said decision for the purpose of claiming 'solatium' or 'interest'.” 3. Hence, we pass the following order : {3} 39-wp-12015-2026 ORDER (a) The writ 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. (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. 4. As observed by this Court in clause ‘c’ (supra), if any party has any objection in respect of the calculation of the compensation {4} 39-wp-12015-2026 amount, they are at liberty to approach Arbitrator under Section 3G (5) of the National Highways Act. (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) Bhagyawant Punde