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2026 DAILYLAW 7893 (BOM)

ATMARAM VEDU PATIL v. THE GOVT OF INDIA THR THE DEPUTY SECRETARY AND OTHERS

WP/11693/2026 · 2026-09-08

Review Petitionbody2026

Judgment text

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1 62-WP-11693-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 11693 OF 2026 MR. ATMARAM VEDU PATIL VERSUS THE GOVT OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS ... Mr. S. A. Kulkarni And R. L. Jakhade, Advocate for the Petitioner Mr. S. R. Wakle, AGP for Respondents/State Mr. Rahul Bagul, Advocate for Respondent Nos.1 and 3 ... CORAM : NITIN B. SURYAWANSHI AND ABASAHEB D. SHINDE, JJ. DATE : 08th SEPTEMBER, 2026 PER COURT : 1. The Apex Court has decided the Review Petition bearing Review Petition (Civil) No. 2528 of 2025 and has given 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 SVH 2026:BHC-AUG:41511-DB 2 62-WP-11693-26.odt 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’.” 2. In view of the above directions, the writ petition is allowed in terms of prayer clause ‘D’, which reads thus: “D. Issue an appropriate writ, order or directions thereby the award passed by the Competent Authority Of India & also the award dated 15.06.2017 bearing No.LAQ/REF/NHAI/Dhule/261 /2016 be kindly be modified and the petitioners be awarded in addition to the market value of the land, amount of 30% of the solatium, 12% of component and requisite amount of interest, as provided under Land Acquisition Act, 1894 and/or Right To Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.” 3. It is made clear that if there is any error in calculations of the solatium and interest, the parties are at liberty to avail remedy as provided under Section 3(G)(5). (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) SVH