Shankar Shyambhau Pawar Since Deceased S. S. Pawar v. the Government of India Thru. D. S and Ors.
Case brief
What is this about?
Batch of ~40 Bombay HC writ petitions (lead: Madhav Bandu Pawar v. Competent Authority, NHAI; WP 16744-16762/2025 and WP(St.) 34233-34873/2025): solatium and interest on enhanced compensation for land acquired under National Highways Act Ss.3A/3D/3G for NH-3 Mumbai-Agra (2008 awards); applicability of Union of India v. Tarsem Singh (2019) 9 SCC 304 striking down S.3J; S.34/S.37 Arbitration and Conciliation Act modification bar; confirmation by Supreme Court in MA 1773/2021 in CA 7064/2019; computation and deposit timeline (four/eight weeks; three months); disbursement conditional on NHAI review petition; Nashik; no costs.
What did the court decide?
Petitions disposed of with directions: (i) petitioners to furnish copy of the land acquisition award to the Competent Authority/The Collector, Land Acquisition within four weeks; (ii) Competent Authority to compute solatium and interest under Section 23(1A) and (2) read with Section 28, Land Acquisition Act, 1894 within eight weeks of receipt/deposit of the award; (iii) Competent Authority to forward the determination to the National Highways Authority, which shall deposit the amounts with the Competent Authority within three months of receipt of the computation, for disbursement to the petitioners; (iv) disbursement subject to the outcome of NHAI's review petition before the Supreme Court; no costs.