HARKESH MANUJA, J. (Oral)

1. The present writ petition has been filed under Articles 226/227 of the Constitution of India. The limited relief sought is that the respondents be directed to grant 100% solatium alongwith interest to the petitioners as per 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 in view of award dated 10.10.2014 passed by the Competent Authority Land Acquisition-cum-Sub Divisional Magistrate, Amritsar-II.

2. The claim is based on the guidelines/letter dated 28.12.2017 (Annexure P-2) issued by the Ministry of Road Transport and Highways regarding the grant of benefit of 2013 Act to the landowners.

3. In short, the stand of the petitioners is that certain land owned by them was acquired by NHAI vide Notifications dated 05.07.2013 and 04.02.2014 under Sections 3-A and 3-D of 1956 Act, respectively for public purpose namely “building (widening and four laning) maintenance, management and operation of the National Highway No.15 (Amritsar Section) on the stretch of land from K.M. 112.575 to 116.650 km. (Asr-II) Section in District Amritsar”. The award dated 10.10.2014 was passed by respondent No.3 (Annexure P-1), whereby solatium at 30% was granted alongwith other statutory benefits. The grouse thus is that in view of the abovesaid letter/guidelines, the solatium has to be granted @ 100% alongwith interest.

4. Learned counsel submits that the award dated 10.10.2014 (Annexure P-1) was passed by respondent No.3, whereby solatium at 30% was granted and the representation/legal notice dated 18.02.2026 was moved before the respondents that the amount was paid to the petitioners only after 01.01.2015 i.e. much after the relevant date i.e. 31.12.2014 fixed by the NHAI and, therefore, the petitioners are entitled for the benefit of 100% solatium, plus interest.

5. Notice of motion to respondent Nos.2 & 3 only.

6. On asking of the Court, Ms. Komal Bishnoi, Advocate for Mr. Rishi Kaushal, Advocate accepts notice on behalf of respondent No.2 and Mr. Puru Jarewal, D.A.G., Punjab accepts notice on behalf of respondent No.3/State.

7. Keeping in view the controversy involved, there is no requirement as such to call upon for reply on behalf of the respondents as it would delay the proceedings further.

8. Without commenting upon the merits of the case and also about the entitlement of the petitioners, the present writ petition is disposed of with direction to respondent No.3 to take a decision on the legal notice dated 18.02.2026 (Annexure P-3) and pass a speaking order within a period of two months from the date of receipt of certified copy of the order by associating concerned Project Director-NHAI with the said process.

9. In case, the petitioners' case is covered under the abovesaid guidelines/letter dated 28.12.2017, necessary award be passed and the amount if so payable, the same be disbursed to the petitioners within a period of three months thereafter.

10. The writ petition is accordingly, disposed of. Pending application(s), if any shall also stand disposed of.