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2026 DAILYLAW 22602 (PNJ)

BALDEV SINGH AND OTHERS v. UNION OF INDIA AND OTHERS

CWP/18426/2026 · 2026-05-29

Harkesh Manuja

body2026

Judgment text

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CWP No.18426 of 2026 IN THE HIGH COURT OF PUNJAB AND HARYANA 186 BALDEV SINGH AND ORS. Vs UNION OF INDIA AND ORS. CORAM: HON'BLE MR. JUSTICE HARKESH Present: Mr. Mr. Digvijay Singh, Advocate for the petitioners. HARKESH MANUJA, J. (Oral) [1]. In the present petition, the limited relief sought is for issuance directions to the respondents for petitioners as per the provisions of Section 30 and The First to Fair Compensation and Transparency in Land Resettlement Act, 2013 (for short, “2013 National Highways Act, 1956 (for dated 28.12.2017 framed by the (MoRTH), Govt. of India. [2]. In short, the stand of the petitioner was acquired by the National Highway Authority of India vide Section 3(A) of the 1956 Act issued on 05.07.2013, declaration/notification dated 04.02.2014 under Section 3(D) purpose for the acquisition of land was stated to be laning etc) maintenance, management and CWP No.18426 of 2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. Date of Decision: BALDEV SINGH AND ORS. ...... UNION OF INDIA AND ORS. ....Respondent HON'BLE MR. JUSTICE HARKESH Mr. Chander Kant Rana, Advocate Mr. Digvijay Singh, Advocate for the petitioners. **** HARKESH MANUJA, J. (Oral) In the present petition, the limited relief sought is for issuance directions to the respondents for grant of 100% solatium alongwith petitioners as per the provisions of Section 30 and The First to Fair Compensation and Transparency in Land Resettlement Act, 2013 (for short, “2013 Act” National Highways Act, 1956 (for short “1956 Act”) in view of the guidelines dated 28.12.2017 framed by the Ministry of Road Transport & Highways (MoRTH), Govt. of India. In short, the stand of the petitioners was acquired by the National Highway Authority of India vide Section 3(A) of the 1956 Act issued on 05.07.2013, declaration/notification dated 04.02.2014 under Section 3(D) ose for the acquisition of land was stated to be laning etc) maintenance, management and operation of the National Highway IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.18426 of 2026 (O&M) Date of Decision:29.05.2026 ......Petitioners ....Respondents HON'BLE MR. JUSTICE HARKESH MANUJA and In the present petition, the limited relief sought is for issuance 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 Act”) for the land acquired under the short “1956 Act”) in view of the guidelines Ministry of Road Transport & Highways s is that certain land owned by him was acquired by the National Highway Authority of India vide Notification under Section 3(A) of the 1956 Act issued on 05.07.2013, followed by declaration/notification dated 04.02.2014 under Section 3(D) thereof. The public ose for the acquisition of land was stated to be “for building (widening/four operation of the National Highway 1 In the present petition, the limited relief sought is for issuance of interest to the Schedule of the Right Acquisition, Rehabilitation and ) for the land acquired under the short “1956 Act”) in view of the guidelines Ministry of Road Transport & Highways him Notification under followed by thereof. The public building (widening/four operation of the National Highway MOHMED ATIK 2026.05.29 19:20 I attest to the accuracy and integrity of this order/judgmemtt CWP No.18426 of 2026 No.15 on the stretch of land from K.M. District of Tarn Taran P-3) was passed by alongwith other [3]. Learned counsel for the petitioner assessing market value along with 30% solatium was passed on however, the compensation was paid to him after 01.01.2015, relevant date i.e. 31.12.2014 fixed by the NHAI, for the benefit of 100% solat guidelines dated 28.12.2017 [4]. At this stage, learned counsel for the petitioner submits that instead of pressing the present petition on merits, his client satisfied in case his legal notice dated respondent Nos. 3 to 7 for grant of 100% solatium alongwith expeditiously. [5]. Notice of motion to the aforesaid limited extent 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, Mr. Puru Jarewal, Deputy Advocate General, Punjab, accepts notice respondent Nos. 6 & 7. They raise no objection against the on behalf of the petitioner [7]. In view of the above, but without expressing any opinion on the claim of petitioner, present writ petition is respondents concerned to decide the aforesaid legal notice of petitioner CWP No.18426 of 2026 (O&M) No.15 on the stretch of land from K.M. 147.500 Tarn Taran in the State of Punjab”. Award dated 10.10.2014 (Anenxure 3) was passed by respondent No .6, whereby solatium at 30% was granted statutory benefits. Learned counsel for the petitioners ket value along with 30% solatium was passed on however, the compensation was paid to him after 01.01.2015, relevant date i.e. 31.12.2014 fixed by the NHAI, for the benefit of 100% solatium alongwith interest in view of the aforesaid guidelines dated 28.12.2017 issued by the Govt. of India. At this stage, learned counsel for the petitioner submits that instead of pressing the present petition on merits, his client satisfied in case his legal notice dated 16.02.2026 respondent Nos. 3 to 7 for grant of 100% solatium alongwith Notice of motion to the aforesaid limited extent On asking of the Court, Ms. Komal Bishnoi, Advocate for Mr.Rishi Kaushal, Advocate, accepts notice on behalf of respondent Nos. 3 to 5, Mr. Puru Jarewal, Deputy Advocate General, Punjab, accepts notice t Nos. 6 & 7. They raise no objection against the on behalf of the petitioners. In view of the above, but without expressing any opinion on the claim of petitioner, present writ petition is respondents concerned to decide the aforesaid legal notice of petitioner 147.500 to Km 163.400 (Patti Section) in . Award dated 10.10.2014 (Anenxure respondent No .6, whereby solatium at 30% was granted s contends that although the award ket value along with 30% solatium was passed on 10.10.2014; however, the compensation was paid to him after 01.01.2015, i.e. much after the relevant date i.e. 31.12.2014 fixed by the NHAI, therefore, the petitioner is entitled alongwith interest in view of the aforesaid issued by the Govt. of India. At this stage, learned counsel for the petitioners, on instructions, submits that instead of pressing the present petition on merits, his client would be .2026 (Annexure P-4) made before respondent Nos. 3 to 7 for grant of 100% solatium alongwith interest is decided Notice of motion to the aforesaid limited extent qua respondent Nos. 3 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 t Nos. 6 & 7. They raise no objection against the innocuous prayer made In view of the above, but without expressing any opinion on merits of the claim of petitioner, present writ petition is disposed of with direction to the respondents concerned to decide the aforesaid legal notice of petitioners 2 Section) in . Award dated 10.10.2014 (Anenxure respondent No .6, whereby solatium at 30% was granted award 10.10.2014; i.e. much after the therefore, the petitioner is entitled alongwith interest in view of the aforesaid , on instructions, would be ade before decided Nos. 3 On asking of the Court, Ms. Komal Bishnoi, Advocate for Mr.Rishi whereas on behalf of innocuous prayer made merits of to the in MOHMED ATIK 2026.05.29 19:20 I attest to the accuracy and integrity of this order/judgmemtt CWP No.18426 of 2026 accordance with law within a period of eight weeks from the certified copy of this order. [8]. Further, in case the petitioners guidelines/letter dated 28.12.2017, necessary award be passed and so payable, be disbursed to them within a period of three [9]. Needless to say that if the petitioner be at liberty to challenge the order passed by the competent authority. [10]. Pending miscellaneous application(s), if any, shall also stand of. May 29, 2026 Atik Whether speaking/reasoned Whether reportable CWP No.18426 of 2026 (O&M) accordance with law within a period of eight weeks from the certified copy of this order. Further, in case the petitioners’ claim is covered under guidelines/letter dated 28.12.2017, necessary award be passed and so payable, be disbursed to them within a period of three Needless to say that if the petitioner liberty to challenge the order passed by the competent authority. Pending miscellaneous application(s), if any, shall also stand Whether speaking/reasoned Yes/No Whether reportable Yes/No accordance with law within a period of eight weeks from the date of receipt of 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. Needless to say that if the petitioners are still aggrieved, they would liberty to challenge the order passed by the competent authority. Pending miscellaneous application(s), if any, shall also stand disposed (HARKESH MANUJA) JUDGE Yes/No Yes/No 3 date of receipt of abovesaid the amount, if would disposed MOHMED ATIK 2026.05.29 19:20 I attest to the accuracy and integrity of this order/judgmemtt