WALMIK POPAT PATIL Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by the consent of the respective sides.

(2.) We have extensively heard the learned Advocates for the respective sides and have perused the Petition paper book with their assistance. We have considered the judgment delivered by the Hon'ble Supreme Court in Union of India Vs. Tarsem Singh [(2019) 9 SCC 304]; National Highway Authority of India Vs. M. Hakeem and Anr., [AIR 2021 SC 3471]; and Narayan Das Jain Vs. Agra Nagar Mahapalika, [(1991) 4 SCC 212]. It is trite law that the statutory benefits to be computed on the quantum of compensation, have to be granted by mathematical calculations, by the Arbitrator under the provisions of Sec. 3G(5) of the National Highways Act, 1956 (for short 'the 1956 Act').

(3.) The question raised in this Writ Petition is, as to what should be the remedy to the Petitioners/land losers to seek such statutory benefits of solatium and interest component, as per the Notification issued under Sec. 3A of the National Highways Act, dtd. 15/03/2013, and the Notification dtd. 28/08/2015, issued under Sec. 105(3) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the 2013 Act').