HARKESH MANUJA, J. (Oral)

[1]. In the present petition, the limited relief sought is for issuance of directions to the respondents for grant of 100% solatium alongwith interest to the petitioners as per the provisions of Section 30 and The First Schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, “2013 Act”) for the land acquired under the National Highways Act, 1956 (for short “1956 Act”) in view of the guidelines dated 28.12.2017 framed by the Ministry of Road Transport & Highways (MoRTH), Govt. of India.

[2]. In short, the stand of the petitioners is that certain land owned by him was acquired by the National Highway Authority of India vide Notification under Section 3(A) of the 1956 Act issued on 05.07.2013, followed by declaration/notification dated 04.02.2014 under Section 3(D) thereof. The public purpose for the acquisition of land was stated to be “for building (widening/four laning etc) maintenance, management and operation of the National Highway No.15 on the stretch of land from K.M. 147.500 to Km 163.400 (Patti Section) in District of Tarn Taran in the State of Punjab”. Award dated 10.10.2014 (Anenxure P-3) was passed by respondent No .6, whereby solatium at 30% was granted alongwith other statutory benefits.

[3]. Learned counsel for the petitioners contends that although the award assessing market value along with 30% solatium was passed on 10.10.2014; however, the compensation was paid to him after 01.01.2015, i.e. much after the relevant date i.e. 31.12.2014 fixed by the NHAI, therefore, the petitioner is entitled for the benefit of 100% solatium alongwith interest in view of the aforesaid guidelines dated 28.12.2017 issued by the Govt. of India.

[4]. At this stage, learned counsel for the petitioners, on instructions, submits that instead of pressing the present petition on merits, his client would be satisfied in case his legal notice dated 16.02.2026 (Annexure P-4) made before respondent Nos. 3 to 7 for grant of 100% solatium alongwith interest is decided expeditiously.

[5]. Notice of motion to the aforesaid limited extent qua respondent Nos. 3 to 7 only.

[6]. On asking of the Court, Ms. Komal Bishnoi, Advocate for Mr.Rishi Kaushal, Advocate, accepts notice on behalf of respondent Nos. 3 to 5, whereas Mr. Puru Jarewal, Deputy Advocate General, Punjab, accepts notice on behalf of respondent Nos. 6 & 7. They raise no objection against the innocuous prayer made on behalf of the petitioners.

[7]. In view of the above, but without expressing any opinion on merits of the claim of petitioner, present writ petition is disposed of with direction to the respondents concerned to decide the aforesaid legal notice of petitioners in accordance with law within a period of eight weeks from the date of receipt of certified copy of this order.

[8]. Further, in case the petitioners’ claim is covered under the abovesaid guidelines/letter dated 28.12.2017, necessary award be passed and the amount, if so payable, be disbursed to them within a period of three months thereafter.

[9]. Needless to say that if the petitioners are still aggrieved, they would be at liberty to challenge the order passed by the competent authority.

[10]. Pending miscellaneous application(s), if any, shall also stand disposed of.