WA/1506/2022 of THE PROJECT DIRECTOR Vs M. RAJESWARI
2026:MHC:1550
WA No. 1506 of 2022 and batch
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-04-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE K. SURENDER
WA Nos. 1506 of 2022, 1360, 1386, 1677, 2025, 2123, 2129, 2130, 2133,
2135, 2136, 2517, 2779, 2927, 2975, 2987, 2990, 2991 of 2023, 1509 of 2025
WA Nos. 1506 of 2022
The Project Director
The National Highways Authority of India, (Project
Implementation Unit), Door No.212 -3 / D3 -1 Sri
Nagar Colony, Narasothipatti, Salem.
..Appellant(s)
Vs
1. M. Rajeswari
2. The District Collector
Namakkal District, Namakkal.
3. The Competent Authority And
District Revenue Officer, (Land Acquisition For
National Highways), Namakkal Collectorate
Campus, Thummankurichi Namakkal.
..Respondent(s)
Writ Appeal filled under Clause 15 of the Letters Patent to set aside the order
passed in WP.No. 3614 of 2021 dated 04.10.2021.
For Appellant(s): Mr.V.Ashokkumar
for Mr.Su.Srinivasan (in all petitions)
W.A.Nos.1506 of 2022
For Respondent(s): Mr.D.Ravichander
Special Government Pleader for R2&3
W.A.Nos.1360 of 2023
For Respondent(s): Mr.T.M.Hariharan for R1&2
Mr.D.Ravichander
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Special Government Pleader for R3 & 4
W.A.Nos.1509 of 2025, 2021, 2123, 2129, 2130, 2135, 2136, 2927, 2975, 2987,
2990 of 2023
For Respondent(s): Mr.S.Senthil for R1
Mr.D.Ravichander
Special Government Pleader for R2 & 3
W.A.Nos.1386 of 2023
For Respondent(s): Mr.K.Sudhakar for R1
Mr.D.Ravichander
Special Government Pleader for R2
W.A.Nos.1677 of 2023
For Respondent(s): Mr.N.Krishna Kumar for R1-6
Mr.D.Ravichander
Special Government Pleader for R7 & 8
W.A.Nos.1360, 2025 of 2023
For Respondent(s): Mr.P.P.Shanmugasundaram for R1
Mr.D.Ravichander
Special Government Pleader for R2
W.A.Nos.2133 of 2023
For Respondent(s): Mr.D.Ravichander
Special Government Pleader for R4 & 5
W.A.Nos.2517 of 2023
For Respondent(s): Mr.S.Senthil for R1&2
Mr.D.Ravichander
Special Government Pleader for R3 & 4
W.A.Nos.1360 of 2023
For Respondent(s): Mr.T.M.Hariharan for R1-3
Mr.D.Ravichander
Special Government Pleader for R4 & 5
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W.A.Nos.2779 of 2023
For Respondent(s): Mr.t.M.Hariharan for R1-3
Mr.D.Ravichander
Special Government Pleader for R4&5
W.A.Nos.2991 of 2023
For Respondent(s): No appearance for R1
Mr.D.Ravichander
Special Government Pleader for R2&3
COMMON JUDGMENT
(Judgment of the Court was delivered by S.M.Subramaniam J.)
The present intra-court appeals have been instituted challeng ing the
common order passed in a batch of writ petitions claiming solatium and
interest on the land acquisition compensation paid to the land owners for the
acquisition of land under the provisions of the National Highways Act.
2. Writ Petitions are allowed and the National Highways Authorities
have preferred the present intra-court appeals.
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3. Learned counsel for the National Highways Authority of India
periodically sought for an adjournment, mainly on the ground that review
petition has been filed by the National Highways Authority of India against the
order of the Hon’ble Supreme Court of India in the case Union of India and
Another Vs. Tarsem Singh and Others 1. The Apex Court has now disposed
of Review Petition (Civil) No.2528 of 2025 in the case of National Highways
Authority of India Vs. Tarsem Singh and Others2. Conclusions and
directions issued by the Hon’ble Supreme Court of India are extracted
hereunder:
“14. Considering the facts and circumstances
explained in the instant proceedings along with the
various submissions placed on record and with a
view to balancing the equities regarding delay and
the entitlements of the landowners, we issue the
following directions:
(i) All landowners whose claims re: the
quantum and/or components of compensation for
their lands acquired under the NH Act were alive on
or after 28.03.2008, i.e., they were pending before
one of the prescribed fora, shall be entitled to seek
addition of 'interest', 'solatium', and 'interest on the
solatium' to their compensation claim;
(ii) In the cases where compensation claims
are alive on the aforesaid date, but the landowner
has claimed 'interest', 'solatium', and 'interest on
solatium' after 28.03.2008, no interest on both
1 (2019) 9 SCC 304
2 (2026) INSC 291
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components shall be payable for the period of delay.
Such landowner shall be entitled to 'interest' and
'interest on solatium' only from the date on which
such claims were raised; and
(iii) If the claims of the landowners stood
concluded prior to 28.03.2008, with no further
appeal, Writ Petition, Special Leave Petition, etc.,
then such landowners are not entitled to seek
reopening, review, or modification of the said
decision for the purpose of claiming 'solatium' or
'interest'.”
4. In view of the modified orders passed by the Hon’ble A pex Court in
Review Petition (Civil) No.2528 of 2025 as stated above, all th e writ appeals
are disposed of, directing the National Highways Authorities as well as the
Land Acquisition Officer concerned/State authority shall coor dinate, and work
in tandem for calculation of the differential amount and se ttle the solatium,
interest on solatium, and interest as directed by the Hon’ble Apex Court to the
landowners within a period of three months from the dat e of receipt of a copy
of this order. No costs. Consequently, the connected miscellaneou s petitions,
if any, are closed.
(S.M.S.,J.) (K.S.,J.)
15-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
GD
Note: Registry shall type the remaining cause titles.
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WA No. 1506 of 2022 and batch
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To
1. The District Collector
Namakkal District, Namakkal.
2. The Competent Authority And
District Revenue Officer, (Land Acquisition For
National Highways), Namakkal Collectorate
Campus, Thummankurichi Namakkal.
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S.M.SUBRAMANIAM, J.
AND
K.SURENDER, J.
GD
WA Nos. 1506 of 2022, 1360, 1386, 1677, 2025, 2123, 2129, 2130, 2133,
2135, 2136, 2517, 2779, 2927, 2975, 2987, 2990, 2991 of 2023, 1509 of 2025
15-04-2026
https://www.mhc.tn.gov.in/judis