CWP No.16799 of 2026 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA 218-U AVTAR SINGH AND ANOTHER AVTAR SINGH AND ANOTHER AVTAR SINGH AND ANOTHER AVTAR SINGH AND ANOTHER Vs Vs Vs Vs UNION OF INDIA AND OTHERS UNION OF INDIA AND OTHERS UNION OF INDIA AND OTHERS UNION OF INDIA AND OTHERS CORAM: CORAM: CORAM: CORAM: HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH Present: Mr. for the petitioners. HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) 1. The present writ petition has been filed under Articles 226/227 of the Constitution of India. The limited relief sought is for directing the grant 100% solatium along with interest to the petitioner 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 in view of the MoRTH guidelines dated 28.12.2017. 2. The claim is based on the guidelines/letter dated 28.12.2017 issued by the Ministry of Road Transport and Highways regarding t 2013 Act to the landowners. 3. In short, the stand of the petitioners is that certain land owned by them was acquired by NHAI vide Notification dated 05.07.2013 for public purpose namely “building building building building 2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH CWP No.16799 of 2026 (O&M) CWP No.16799 of 2026 (O&M) CWP No.16799 of 2026 (O&M) CWP No.16799 of 2026 (O&M) Date of Decision: Date of Decision: Date of Decision: Date of Decision: AVTAR SINGH AND ANOTHER AVTAR SINGH AND ANOTHER AVTAR SINGH AND ANOTHER AVTAR SINGH AND ANOTHER ...... ...... ...... ...... UNION OF INDIA AND OTHERS UNION OF INDIA AND OTHERS UNION OF INDIA AND OTHERS UNION OF INDIA AND OTHERS ....Respondent ....Respondent ....Respondent ....Respondent HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH Mr. Ranjit Saini, Advocate for the petitioners. **** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) The present writ petition has been filed under Articles 226/227 of the Constitution of India. The limited relief sought is for directing the grant 100% solatium along with interest to the petitioner Section 30 and The First Schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for t, "2013 Act") for the land acquired under the National Highways Act, 1956 in view of the MoRTH guidelines dated 28.12.2017. The claim is based on the guidelines/letter dated 28.12.2017 issued by the Ministry of Road Transport and Highways regarding t 2013 Act to the landowners. In short, the stand of the petitioners is that certain land owned by them was acquired by NHAI vide Notification dated 05.07.2013 for public purpose building building building building ((((widening and four laning widening and four laning widening and four laning widening and four laning IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH CWP No.16799 of 2026 (O&M) CWP No.16799 of 2026 (O&M) CWP No.16799 of 2026 (O&M) CWP No.16799 of 2026 (O&M) Date of Decision: Date of Decision: Date of Decision: Date of Decision:26 26 26 26....00005555.202 .202 .202 .2026666 ...... ...... ...... ......Petitioner Petitioner Petitioner Petitionerssss ....Respondent ....Respondent ....Respondent ....Respondentssss HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH HON'BLE MR. JUSTICE HARKESH MANUJ MANUJ MANUJ MANUJAAAA The present writ petition has been filed under Articles 226/227 of the Constitution of India. The limited relief sought is for directing the respondents to grant 100% solatium along with 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 t, "2013 Act") for the land acquired under the National Highways Act, 1956 in view of the MoRTH guidelines dated 28.12.2017. The claim 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 In short, the stand of the petitioners is that certain land owned by them was acquired by NHAI vide Notification dated 05.07.2013 for public purpose widening and four laning widening and four laning widening and four laning widening and four laning) maintenance, management and ) maintenance, management and ) maintenance, management and ) maintenance, management and 1 The present writ petition has been filed under Articles 226/227 of the respondents to 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 t, "2013 Act") for the land acquired under the National Highways Act, 1956 in The claim is based on the guidelines/letter dated 28.12.2017 issued by he grant of benefit of In short, the stand of the petitioners is that certain land owned by them was acquired by NHAI vide Notification dated 05.07.2013 for public purpose ) maintenance, management and ) maintenance, management and ) maintenance, management and ) maintenance, management and MOHMED ATIK 2026.05.29 15:23 I attest to the accuracy and authenticity of this order/judgment CWP No.16799 of 2026 operation operation operation operation of the National Highway No.15 (Amritsar Section) of the National Highway No.15 (Amritsar Section) of the National Highway No.15 (Amritsar Section) of the National Highway No.15 (Amritsar Section) from K.M. 112.575 kilometers to 132.100 km. from K.M. 112.575 kilometers to 132.100 km. from K.M. 112.575 kilometers to 132.100 km. from K.M. 112.575 kilometers to 132.100 km. passed by respondent No. 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. 4. Learned counsel submits that the award dated 10.10.2014 was passed by respondent No. representation/legal notice that the amount was paid to the petitioners relevant date i.e. 31.12.2014 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 proceedings further. 8. Without commenting upon the merits of the case and also about the entitlement of the petitioner to respondent No. (Annexure P-4) and pass a speaking order within a period of two months from the 2026 (O&M) of the National Highway No.15 (Amritsar Section) of the National Highway No.15 (Amritsar Section) of the National Highway No.15 (Amritsar Section) of the National Highway No.15 (Amritsar Section) from K.M. 112.575 kilometers to 132.100 km. from K.M. 112.575 kilometers to 132.100 km. from K.M. 112.575 kilometers to 132.100 km. from K.M. 112.575 kilometers to 132.100 km.”””” passed by respondent No.3 (Annexure P-3), whereby solatium at 30% wa 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 t No.3 (Annexure P-3), whereby solatium at 30% was granted and the /legal notice dated 18.10.2024 w the amount was paid to the petitioners only relevant date i.e. 31.12.2014 fixed by the NHAI and, therefore, the petitioner entitled 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 of respondent 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 the proceedings further. Without commenting upon the merits of the case and also about the entitlement of the petitioners, the present writ petition is disposed of with direction to respondent No.3 to take a decision on the legal notice dated 18. 4) and pass a speaking order within a period of two months from the of the National Highway No.15 (Amritsar Section) of the National Highway No.15 (Amritsar Section) of the National Highway No.15 (Amritsar Section) of the National Highway No.15 (Amritsar Section) on the stretch of land on the stretch of land on the stretch of land on the stretch of land ”””” The award dated 10.10.2014 was 3), whereby 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 3), whereby solatium at 30% was granted and the was moved before the respondents only after 01.01.2015 i.e. much after the fixed by the NHAI and, therefore, the petitioner was entitled for the benefit of 100% solatium, plus interest. to respondent Nos.2 & 3 only. Ms. Komal Bishnoi, Advocate for Mr. Rishi pts 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 respondents as it would delay the Without commenting upon the merits of the case and also about the , the present writ petition is disposed of with direction he legal notice dated 18.10.202 4) and pass a speaking order within a period of two months from the 2 on the stretch of land on the stretch of land on the stretch of land on the stretch of land The award dated 10.10.2014 was s granted alongwith other statutory benefits. The grouse thus is that in view of the abovesaid Learned counsel submits that the award dated 10.10.2014 was passed 3), whereby solatium at 30% was granted and the the respondents after 01.01.2015 i.e. much after the was for Mr. Rishi Mr. Puru Keeping in view the controversy involved, there is no requirement as respondents as it would delay the Without commenting upon the merits of the case and also about the , the present writ petition is disposed of with direction .2024 4) and pass a speaking order within a period of two months from the MOHMED ATIK 2026.05.29 15:23 I attest to the accuracy and authenticity of this order/judgment CWP No.16799 of 2026 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 thereafter. 10. The writ petition is accordingly, if any shall also stand disposed of. May May May May 26 26 26 26, 202 , 202 , 202 , 2026666 Atik Whether speaking/reasoned Whether reportable 2026 (O&M) date of receipt of certified copy of the order by associating concerned Project NHAI with the said process. In case, the petitioners' 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 The writ petition is accordingly, disposed of if any shall also stand disposed of. Whether speaking/reasoned Yes/No Whether reportable Yes/No date of receipt of certified copy of the order by associating concerned Project ers' case is covered under the abovesaid necessary award be passed and the amount if so payable, the same be disbursed to the petitioners within a period of three months disposed of. Pending application(s), (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) JUDGE JUDGE JUDGE JUDGE Yes/No Yes/No 3 date of receipt of certified copy of the order by associating concerned Project ers' case is covered under the abovesaid necessary award be passed and the amount if so within a period of three months Pending application(s), MOHMED ATIK 2026.05.29 15:23 I attest to the accuracy and authenticity of this order/judgment