VISHNU @ BISHNU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the present writ petition is for directing the respondents to pay/release the solatium and interest from the date of notification till its realization, in view of the judgment of the Division Bench in M/s Golden Iron and Steel Forgings Vs. Union of India and others 2011 (4) RCR (Civil) 375.

(2.) A perusal of the paperbook would go on to show that the award was announced on 22/12/2010 under the National Highways Act, 1956. Same had been challenged before the Arbitrator, who passed an award dtd. 30/7/2014 and the same was challenged before the Addl.District Judge, Palwal. The same was set aside vide order dtd. 7/3/2015 and in pursuance to the same, the award has now been passed on 6/4/2016, wherein the following benefits have been granted:

(3.) Further, the argument raised that the District Judge would not have jurisdiction, as such, in the absence of the right of solatium under the Act, is also without any basis. Once the Division Bench has held that the land-owners, as such, are entitled for the benefits and has declared the law, as such, the argument raised that the District Judge would not have jurisdiction, is without any basis. Accordingly, the writ petitions are disposed of, as not maintainable. Needless to say that it is open to the petitioners to avail their alternative remedies, in accordance with law, as observed above."