Pravin Vasantrao Pawar and Anr. v. the Government of India, through Deputy Secretary, New Delhi and Ors.
Case brief
What is this about?
Thirty Section 37 arbitration appeals (Bombay High Court, single judge) by Nashik landowners against District Court's Section 34 judgment upholding arbitral enhancement of NH-3 four-laning land acquisition compensation (2008 acquisition; Original Award Rs. 95-154 per sq.m); sole pressed issue: solatium under Section 23(2) Land Acquisition Act 1894 after Tarsem Singh struck down Section 3J National Highways Act 1956; held solatium payable and NHAI concession noted, but Section 34/Section 37 courts cannot modify the arbitral award to grant it (M. Hakeem; Rishabhkumar; Gayatri Balasamy; Sarjuprasad distinguished); Petitions disposed of, no costs; solatium to be enforced in appropriate proceedings; Article 142 route indicated.
What did the court decide?
No relief to the Petitioners: the Impugned Judgement was not interfered with and the Petitions stand disposed of with no order as to costs; attendant interim applications disposed of. The Petitioners were left free to seek enforcement of their statutory entitlement to solatium in such manner as advised, and the NHAI was urged to resolve its admitted obligation without further litigation.