COMMON ORDER

As the issue arise in all the Writ Petitions are one and the same, they are disposed of by way of common order.

2. All these writ petitions are filed seeking for a direction to the respondents to compute and pay the compensation to petitioners for their respective lands which were acquired by the respondents for the purpose of implementing the National Highways Project under National Highways Act, 1956 and grant benefits under Section 23(1A), 23(2) and the proviso of Section 28 of Land Acquisition Act, 1894.

3. The case of the petitioners is that, the petitioners are the owners of the respective lands and their lands were acquired by the respondents under the National Highways Act, 1956 (hereinafter referred as 'Act'). The notification under Section 3A of the Act was issued on 12.02.2008 under R.O.C.1299/2008(A2), dated 28.11.2008 and the declaration under Section 3D of the Act was issued on 13.06.2008 in R.O.C.1299/2008(A2), dated After conducting enquiry, the 6th respondent passed an award in R.O.C.1299/2008 (A2), dated 28.11.2008. As against the award passed by the 6th respondent / competent authority under the Land Acquisition Act, the petitioners preferred an appeal before the District Collector / Arbitrator. The District Collector has modified the award and passed Award dated 08.11.2012 and the same became final and received the compensation from the Government.

4. Thereafter, the petitioner came to know the law laid down by the Hon'ble Apex Court reported in (2019) 9 SCC 304 in the case of Union of India and another Vs. Tarsem Singh and others, in order to avail such benefit, the similarly situated persons filed batch of writ petitions before this Court in W.P.No.697 of 2021 etc, batch case and this Court vide order dated 04.10.2021, followed the Supreme Court decision and granted benefit under Section 23 1 (A), 23(2) and the provisio to Section 28 of Land Acquisition Act. Thereafter, once again, the other co-ordinate Bench in W.P.Nos.28491 of 2021 and batch cases, has also followed the same. In order to avail such benefits, the present writ petitions have been filed by the petitioners.

5. Though very many grounds have been raised, the learned counsel for the petitioners submits that the very same prayer was considered by this Court in W.P.No.28276 of 2021 etc batch cases, and this Court vide order dated 19.01.2022, disposed the writ petition by extending the benefit to the similarly situated persons. The relevant portion of the above said order is extracted hereunder:

"5. Therefore, all the petitioners are entitled for solatium and interest for their respective lands, which were acquired by the respondents under the National Highways Act.

6. In view of the above, the Competent Authority and Special District Revenue Officer, National Highways Act - 68 viz., the first respondent in W.P.Nos.28491 & 28494 of 2021 and the sixth respondent in W.P.Nos.28276 & 28279 of 2021 is directed to consider their representation, after giving an opportunity of hearing to the petitioners and pass orders to pay solatium and interest in the light of the order passsed by the Hon'ble Supreme Court of India in the case of Union of India and Another Vs Tarsem Singh and others, within a period of eight weeks from the date of receipt of a copy of this order."

6. The learned Standing Counsel for National Highways submitted that, once settled issue cannot be re-opened after long period, however, the Hon'ble Apex Court in the above said decision, declared 3-J as ultra vires and extended the benefit of awarding solatium and interest to the land losers. However, these lands were acquired in the year 2010 and the entire acquisition proceedings were completed in the year 2012, which cannot be re-opened after a decade. Further in order to clarify the decision rendered by the Hon'ble Apex Court stated supra, the respondents filed a clarification petition before the Hon'ble Apex Court in Miscellaneous Application C.M.A.No.24435 of 2021 in C.A.No.706