Lahanabai Mahadu Thelari Vs the Union of India through the Deputy… — Arbitration | Bombay HC (2025)

Lahanabai Mahadu Thelari Vs the Union of India through the Deputy… — Arbitration | Bombay HC (2025)

What the court decided

AI extract

Outcome

Competent authorities directed to compute and pay solatium and interest on compensation in accordance with the principles in Union of India v. Tarsem Singh, (2019) 9 SCC 304, within six months, upon verification of documents produced by petitioners; payments subject to challenges under Sections 34 and 37, Arbitration and Conciliation Act 1996; aggrieved parties may invoke Section 3G(5), National Highways Act 1956; reasonable hearing to stakeholders; decision subject to the outcome of the review petition before the Supreme Court.

Issue for consideration

Whether the petitioners are entitled to solatium and interest on the compensation amount, to be computed in accordance with the principles laid down in Union of India v. Tarsem Singh. +1 more

Court's answer

All the writ petitions are allowed; the competent authorities are directed to compute and pay to the petitioners solatium and interest in accordance with the principles enunciated in Union of India and another v. Tarsem Singh and others.

Ratio / Principle

Mere filing of a review petition before the Hon'ble Supreme Court does not detain this Court from disposing of writ petitions raising identical issues already disposed of earlier; this Court is of the same view as expressed in Writ Petition No.7866 of 2021.

Key takeaways

The computation and payment of solatium and interest is to be completed within six months from the date of the order.ratio¶308
The petitioners shall assist the competent authorities by producing all relevant documents, and payments made pursuant to the directions shall be subject to challenges, if any, raised under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996.ratio¶309
If any party is aggrieved by the quantum and computation carried out by the competent authority, the remedy of Section 3G(5) of the National Highways Act, 1956 is available to such aggrieved party in accordance with law.

Detailed headnote1 paragraphs

Batch of 57 writ petitions (slip nos. 904-960; W.P. Nos. 11787-11799, 11801-11804, 11813-11822, 11824-11825, 11827, 11880-11884, 11886-11892, 11894-11898, 11977-11986 of 2025), High Court of Judicature at Bombay, Aurangabad Bench (Vibha Kankanwadi & Hiten S. Venegavkar, JJ.), decided 18.12.2025: petitions in NHAI national-highway land acquisition compensation matters allowed; competent authorities directed to compute and pay solatium and interest on compensation in accordance with Union of India v. Tarsem Singh, (2019) 9 SCC 304, within six months, after verification of documents produced by the petitioners; payments subject to challenge under Sections 34 and 37, Arbitration and Conciliation Act 1996; aggrieved parties may resort to Section 3G(5), National Highways Act 1956, with reasonable hearing to all stakeholders; disposal not barred by NHAI's pending review petition (Review Petition (Civil) Diary No(s)44096 of 2025) before the Supreme Court, but the decision is ultimately subject to its outcome.

2025:BHC-AUG:36248-DB

904 to 960 (NHAI).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

904 WRIT PETITION NO. 11787 OF 2025

Ujwala Sanjay Pawar

VERSUS

The Union Of India Through The Deputy Secretary And Others AND

905 WRIT PETITION NO. 11788 OF 2025

Sanjay Sambhaji Wagh

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

906 WRIT PETITION NO. 11789 OF 2025

Kailaskumar Dayanand Panjabi

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

907 WRIT PETITION NO. 11790 OF 2025

Sunita Rajeshwar Patil

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

908 WRIT PETITION NO. 11791 OF 2025

Ashabee Roshankha Pathan

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

909 WRIT PETITION NO. 11792 OF 2025

Kisan Budha Koli

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

910 WRIT PETITION NO. 11793 OF 2025

Ushabai Vilasrao Salunkhe

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

911 WRIT PETITION NO. 11794 OF 2025

Kalpanabai Deelip Bhamre

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

912 WRIT PETITION NO. 11795 OF 2025

Shivaji Budhaji Chaudhari

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

913 WRIT PETITION NO. 11796 OF 2025

Bhatu Govind Patil Died Thr Lrs Janabai Bhatu Sonawane And Others

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

914 WRIT PETITION NO. 11797 OF 2025

Sagarchand Manakchand Tatiya

VERSUS

The Union Of India Through The Deputy Secretary And Others AND

[1]

904 to 960 (NHAI).odt

915 WRIT PETITION NO. 11798 OF 2025

Pradip Shivsing Patil

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

916 WRIT PETITION NO. 11799 OF 2025

Kanhayalal Devchand Jain Died Through Lrs Mahavir Kanhayalal Jain And Others

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

917 WRIT PETITION NO. 11801 OF 2025

Dhanji Sitaram Ahire

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

918 WRIT PETITION NO. 11802 OF 2025

Meerabai Sahebrao Patil

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

919 WRIT PETITION NO. 11803 OF 2025

Atmaram Namdeo Deore Patil Died Thr Lrs Rupabai Atmaram Deore Died And Others

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

920 WRIT PETITION NO. 11804 OF 2025

Lahanabai Mahadu Thelari

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

921 WRIT PETITION NO. 11813 OF 2025

Raju Alias Rajendra Onkar Deore And Others

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

922 WRIT PETITION NO. 11814 OF 2025

Aananda Arjun Patil

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

923 WRIT PETITION NO. 11815 OF 2025

Pundalik Ratan Patil

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

924 WRIT PETITION NO. 11816 OF 2025

Raju Alias Rajendra Onkar Deore And Others

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

925 WRIT PETITION NO. 11817 OF 2025

Vinod Prabhudayal Agrawal

VERSUS

The Union Of India Through The Deputy Secretary And Others AND

926 WRIT PETITION NO. 11818 OF 2025

Somnath Shepadu More And Others

[2]

904 to 960 (NHAI).odt

VERSUS

The Union Of India Through The Deputy Secretary And Others AND

927 WRIT PETITION NO. 11819 OF 2025

Shindhubai Trambak Patil

VERSUS

The Union Of India Through The Deputy Secretary And Others AND

928 WRIT PETITION NO. 11820 OF 2025

Yogesh Arun Patil

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

929 WRIT PETITION NO. 11821 OF 2025

Ghanshyamdas Udarnomal Sangatani Died Through Lrs Prakashlal Ghanshyamdas Sangtani And Ors

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

930 WRIT PETITION NO. 11822 OF 2025

Santosh Atmaram Patil

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

931 WRIT PETITION NO. 11824 OF 2025

Vinod Prabhudayal Agrawal

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

932 WRIT PETITION NO. 11825 OF 2025

Uttam Hilal Patil Died Thr Lrs Adhikar Uttam Patil

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

933 WRIT PETITION NO. 11827 OF 2025

Adhikar Uttam Patil

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

934 WRIT PETITION NO. 11880 OF 2025

Girish Prabhudayal Agrawal

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

935 WRIT PETITION NO. 11881 OF 2025

Purushottam Sagarmal Agrawal Huf Karta Atul Tarachand Agrawal

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

936 WRIT PETITION NO. 11882 OF 2025

Rajendra Hiraman Chavhan

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

937 WRIT PETITION NO. 11883 OF 2025

Kamalbai Bhalchandra Joshi

VERSUS

[3]

904 to 960 (NHAI).odt

The Union Of India Through The Deputy Secretary And Others AND

938 WRIT PETITION NO. 11884 OF 2025

Pravin Bhagawan Patil

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

939 WRIT PETITION NO. 11886 OF 2025

Kanhayalal Devchand Jain Died Thr Lrs Mahavir Kanhayalal Jain And Others

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

940 WRIT PETITION NO. 11887 OF 2025

Anjana Aanandrao Marathe

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

941 WRIT PETITION NO. 11888 OF 2025

Purushottam Sagarmal Agrawal Huf Karta Girish Prabhudayal Agrawal

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

942 WRIT PETITION NO. 11889 OF 2025

Vijay Prabhakar Chaudhari

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

943 WRIT PETITION NO. 11890 OF 2025

Anjana Aanandrao Marathe

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

944 WRIT PETITION NO. 11891 OF 2025

Hrikanbai Santosh Patil

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

945 WRIT PETITION NO. 11892 OF 2025

Ashok Bhimrav Bhil

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

946 WRIT PETITION NO. 11894 OF 2025

Pramila Vishwasrao Patil And Others

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

947 WRIT PETITION NO. 11895 OF 2025

Prashant Tarachand Chitodkar

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

948 WRIT PETITION NO. 11896 OF 2025

Rahul Agro Owner Bhatu Gopinath Bhoi And Another

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

949 WRIT PETITION NO. 11897 OF 2025

[4]

904 to 960 (NHAI).odt

Hari Genu Gavali VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

950 WRIT PETITION NO. 11898 OF 2025

Lahu Sajan Patil Died Through Lrs Mayabai Lahu Patil

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

951 WRIT PETITION NO. 11977 OF 2025

Kalpanabai Deelip Bhamre

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

952 WRIT PETITION NO. 11978 OF 2025

Chatursing Amarsing Girase Died Thr Lrs Gulab Chatursing Rajput And Another

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

953 WRIT PETITION NO. 11979 OF 2025

Atmaram Namdeo Deore Patil Died Thr Lrs Rupabai Atmaram Deore Died And Others

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

954 WRIT PETITION NO. 11980 OF 2025

Dipak Tarachand Agrawal And Others

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

955 WRIT PETITION NO. 11981 OF 2025

Dipak Tarachand Agrawal

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

956 WRIT PETITION NO. 11982 OF 2025

Satish Balkrishna Joshi

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

957 WRIT PETITION NO. 11983 OF 2025

Jagatrao Ramesh Patil And Another

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

958 WRIT PETITION NO. 11984 OF 2025

Rajendra Kashinath Mali And Others

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

959 WRIT PETITION NO. 11985 OF 2025

Sambhaji Shankar Patil

VERSUS

The Union Of India Through The Deputy Secretary And Others

AND

960 WRIT PETITION NO. 11986 OF 2025

Subhash Atmaram Patil Died Thr Lrs Subhadrabai Subhash Patil

VERSUS

The Union Of India Through The Deputy Secretary And Others

[5]

904 to 960 (NHAI).odt

Advocate for the petitioners in all the petitions :- Mr. A. D. Sonar

Addl. GPs/ AGPs for respondents/State in respective petitions :- Mr. S. K. Tambe, Mr. A. M. Phule, Mr. V. M. Kagne, Mr. R.S. Wani, Mr. S. B. Narwade and Mr. S. B. Pulkundwar

Senior Panel Advocate/Central Government Counsel for respondents/Union of India in respective petitions :- Mr. S. W. Munde, Mr. Rahul Bagul, Mr. N. T. Tribhuwan, Mr. N. S. Salunke, Mr. K. S. Solanke, Mr. R. R. Bangar, Mr. A. R. Borulkar, Ms. Mayuri Kasturkar, Mr. R. H. Mewara, Mr. R. D. Sanap, Mr. U. B. Bondar, Mr. N. T. Bhagat, Mr. R. S. Sarvadnya, Mr. Akshay Kulkarni, Mr. S. S. Deve, Mr. N. U. Yadav and Mr. M. A. Golegaonkar

Advocate for the respondent/NHAI in all the petitions :- Mr. Deepak S. Manorkar.

CORAM : SMT. VIBHA KANKANWADI &

HITEN S. VENEGAVKAR, JJ.

DATE : 18 DECEMBER 2025

ORDER :

. All the petitions raise similar issues.

We have heard learned Advocates representing all the parties.

Learned Advocates for the petitioners have pointed out that earlier in group of matters i.e. Writ Petition No.240 of 2023 with companion matters ( Rajendra Namdev Patil and others vs. The Competent Authority Land Acquisition) , this Court had passed an order on 17.07.2025. Thereafter, again in Writ Petition No.7866 of 2021 with companion matters (Shilpa Rajendra Shinve Vs. The National Highway Authority of India, Through its Project Director and another) , order came to be passed on 08.08.2025, wherein order in Rajendra Namdev Patil and others (Supra) was reproduced. Even it was expressed by the Coordinate Bench of this Court that in view of the order passed in Writ Petition No.12512 of 2019 (Trimbak Aadhar Bhamre and Anr. Vs. The Union of India and others with connected writ petitions), the same relief deserves to be granted,

[6]

904 to 960 (NHAI).odt

however, it appears that from the respondent/NHAI, there were submissions. This Court then based on Union of India and another Vs. Tarsem Singh and others, [(2019) 9 SCC 304] , held that the petitioners would be entitled to solatium and interest on compensation amount in accordance with the principles laid down therein. When we have also expressed our view similar to the decision that has been taken by the earlier Benches, as they are in fact based on Union of India and another Vs. Tarsem Singh and others (Supra) , the learned Advocate representing NHAI in all the matters have submitted that review petition has been filed by NHAI before the Hon’ble Supreme Court. By order dated 03.11.2025 (Review Petition (Civil) Diary No(s)44096 of 2025), the delay was condoned and notice has been issued. Important point to be noted is that the fact of review petition that has been filed was taken note of by this Court in Writ Petition No.7866 of 2021 and companion matters and it was observed that mere filing of review petition would not detain this Court from disposing of the writ petitions, in the light of the fact that petitions raising identical issues have been already disposed of earlier by this Court. We are also of the same view. However, till the review petition is decided, we are governed by the decision in Union of India and another Vs. Tarsem Singh and others (Supra) and, therefore, we also dispose of all the writ petitions in the following terms :-

(a) In the light of above, these 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

[7]

904 to 960 (NHAI).odt

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.

(d) The decision would then be ultimately subject to the outcome of the review petition before the Hon’ble Supreme Court.

Pending applications, if any, also stand disposed of.

[ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE

scm

[8]

Parties & counsel

AI extract

petitioner
Ujwala Sanjay Pawar¶5
Mr. A. D. Sonar
petitioner
Sanjay Sambhaji Wagh¶9
Mr. A. D. Sonar
petitioner
Kailaskumar Dayanand Panjabi¶14
Mr. A. D. Sonar
petitioner
Sunita Rajeshwar Patil¶19
Mr. A. D. Sonar
petitioner
Ashabee Roshankha Pathan¶24
Mr. A. D. Sonar
petitioner
Kisan Budha Koli¶29
Mr. A. D. Sonar
petitioner
Ushabai Vilasrao Salunkhe¶34
Mr. A. D. Sonar
petitioner
Kalpanabai Deelip Bhamre¶39
Mr. A. D. Sonar
petitioner
Shivaji Budhaji Chaudhari¶44
Mr. A. D. Sonar
petitioner
Bhatu Govind Patil Died Thr Lrs Janabai Bhatu Sonawane And Others¶49
Mr. A. D. Sonar
petitioner
Sagarchand Manakchand Tatiya¶54
Mr. A. D. Sonar
petitioner
Pradip Shivsing Patil¶60
Mr. A. D. Sonar
petitioner
Kanhayalal Devchand Jain Died Through Lrs Mahavir Kanhayalal Jain And Others¶65
Mr. A. D. Sonar
petitioner
Dhanji Sitaram Ahire¶70
Mr. A. D. Sonar
petitioner
Meerabai Sahebrao Patil¶75
Mr. A. D. Sonar
petitioner
Atmaram Namdeo Deore Patil Died Thr Lrs Rupabai Atmaram Deore Died And Others¶80
Mr. A. D. Sonar
petitioner
Lahanabai Mahadu Thelari¶85
Mr. A. D. Sonar
petitioner
Raju Alias Rajendra Onkar Deore And Others¶90
Mr. A. D. Sonar
petitioner
Aananda Arjun Patil¶95
Mr. A. D. Sonar
petitioner
Pundalik Ratan Patil¶100
Mr. A. D. Sonar
petitioner
Raju Alias Rajendra Onkar Deore And Others¶105
Mr. A. D. Sonar
petitioner
Vinod Prabhudayal Agrawal¶110
Mr. A. D. Sonar
petitioner
Somnath Shepadu More And Others¶114
Mr. A. D. Sonar
petitioner
Shindhubai Trambak Patil¶120
Mr. A. D. Sonar
petitioner
Yogesh Arun Patil¶124
Mr. A. D. Sonar
petitioner
Ghanshyamdas Udarnomal Sangatani Died Through Lrs Prakashlal Ghanshyamdas Sangtani And Ors¶129
Mr. A. D. Sonar
petitioner
Santosh Atmaram Patil¶134
Mr. A. D. Sonar
petitioner
Vinod Prabhudayal Agrawal¶139
Mr. A. D. Sonar
petitioner
Uttam Hilal Patil Died Thr Lrs Adhikar Uttam Patil¶144
Mr. A. D. Sonar
petitioner
Adhikar Uttam Patil¶149
Mr. A. D. Sonar
petitioner
Girish Prabhudayal Agrawal¶154
Mr. A. D. Sonar
petitioner
Purushottam Sagarmal Agrawal Huf Karta Atul Tarachand Agrawal¶159
Mr. A. D. Sonar
petitioner
Rajendra Hiraman Chavhan¶164
Mr. A. D. Sonar
petitioner
Kamalbai Bhalchandra Joshi¶169
Mr. A. D. Sonar
petitioner
Pravin Bhagawan Patil¶175
Mr. A. D. Sonar
petitioner
Kanhayalal Devchand Jain Died Thr Lrs Mahavir Kanhayalal Jain And Others¶180
Mr. A. D. Sonar
petitioner
Anjana Aanandrao Marathe¶185
Mr. A. D. Sonar
petitioner
Purushottam Sagarmal Agrawal Huf Karta Girish Prabhudayal Agrawal¶190
Mr. A. D. Sonar
petitioner
Vijay Prabhakar Chaudhari¶195
Mr. A. D. Sonar
petitioner
Anjana Aanandrao Marathe¶200
Mr. A. D. Sonar
petitioner
Hrikanbai Santosh Patil¶205
Mr. A. D. Sonar
petitioner
Ashok Bhimrav Bhil¶210
Mr. A. D. Sonar
petitioner
Pramila Vishwasrao Patil And Others¶215
Mr. A. D. Sonar
petitioner
Prashant Tarachand Chitodkar¶220
Mr. A. D. Sonar
petitioner
Rahul Agro Owner Bhatu Gopinath Bhoi And Another¶225
Mr. A. D. Sonar
petitioner
Hari Genu Gavali¶232
Mr. A. D. Sonar
petitioner
Lahu Sajan Patil Died Through Lrs Mayabai Lahu Patil¶236
Mr. A. D. Sonar
petitioner
Kalpanabai Deelip Bhamre¶241
Mr. A. D. Sonar
petitioner
Chatursing Amarsing Girase Died Thr Lrs Gulab Chatursing Rajput And Another¶246
Mr. A. D. Sonar
petitioner
Atmaram Namdeo Deore Patil Died Thr Lrs Rupabai Atmaram Deore Died And Others¶251
Mr. A. D. Sonar
petitioner
Dipak Tarachand Agrawal And Others¶256
Mr. A. D. Sonar
petitioner
Dipak Tarachand Agrawal¶261
Mr. A. D. Sonar
petitioner
Satish Balkrishna Joshi¶266
Mr. A. D. Sonar
petitioner
Jagatrao Ramesh Patil And Another¶271
Mr. A. D. Sonar
petitioner
Rajendra Kashinath Mali And Others¶276
Mr. A. D. Sonar
petitioner
Sambhaji Shankar Patil¶281
Mr. A. D. Sonar
petitioner
Subhash Atmaram Patil Died Thr Lrs Subhadrabai Subhash Patil¶286
Mr. A. D. Sonar
respondent
The Union Of India Through The Deputy Secretary And Others¶7
Mr. S. W. Munde, Mr. Rahul Bagul, Mr. N. T. Tribhuwan, Mr. N. S. Salunke, Mr. K. S. Solanke, Mr. R. R. Bangar, Mr. A. R. Borulkar, Ms. Mayuri Kasturkar, Mr. R. H. Mewara, Mr. R. D. Sanap, Mr. U. B. Bondar, Mr. N. T. Bhagat, Mr. R. S. Sarvadnya, Mr. Akshay Kulkarni, Mr. S. S. Deve, Mr. N. U. Yadav, Mr. M. A. Golegaonkar, Mr. S. K. Tambe, Mr. A. M. Phule, Mr. V. M. Kagne, Mr. R.S. Wani, Mr. S. B. Narwade, Mr. S. B. Pulkundwar, Mr. Deepak S. Manorkar

Coram

AI extract

Smt. Vibha Kankanwadimember¶295
Hiten S. Venegavkarmember¶296