Kisanlal Bairudas Jain – Appellant
Versus
Union of India – Respondent
ORAL JUDGMENT:- (Per M. S. Sonak, J.)
1. Heard learned counsel for the parties.
2. We issue Rule in each of these petitions. The Rule is made returnable forthwith, with the consent of the learned counsel for the parties.
3. Yesterday, we made it clear that these matters would be taken up for final disposal today because there was never any dispute that the law laid down by the Hon'ble Supreme Court in the case of Union of India vs Tarsem Singh and Ors., ((2019) 9 SCC 304) was applicable in these matters, entitling all the Petitioners to the statutory benefits of interest and solatium on par with the provisions of the Right To Fair Compensation And Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
4. Mr. Sambhaji Kharatmol, the learned counsel appearing on behalf of the National Highway Authority of India in some of these matters, has tendered an affidavit-in-reply. He has contended that these Petitions should not be entertained because all the Petitioners have an alternate remedy under Section 37 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”). Further, the affidavit states that if the Petitioners are affected by non payment of solatium and
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