ORDER : Vinit Kumar Mathur, J. 1. Heard learned counsel for the parties. 2. The present writ petition has been filed against the order dated 27.05.2024 passed by the District Collector(Arbitrator), Pali under Section 3(G)(v) National Highways Authority of India Act, 1956 (hereinafter referred to as ‘the Act of 1956’), whereby, the application preferred by the petitioner has been rejected. 3. Briefly noted the facts in the writ petition are that by an award dated 31.07.2014, the petitioner’s land was acquired by the Land Acquisition Officer-cum-Sub Divisional officer, Rohet, District Pali while exercising powers under the Act of 1956. The petitioner had accepted the award and the possession of the land was handed-over to the respondents. At the time of passing of the award, Section 3-J of the National Highways Act, 1956 was in vogue and, therefore, the petitioner was not granted solatium and interest. Subsequently, Section 3-J of the Act of 1956 was declared ultra-vires by the Hon’ble Supreme Court in the case of Union of India & Anr. V/s. Tarsem Singh & Ors., reported in AIR 2019 SC 4689 . After passing of the judgment of the Hon’ble Supreme Court, the petitioner filed a writ petition before this Court being S.B. Civil Writ Petition No.5299/2018 (Jeta Ram V/s Union of India & Ors.) which was disposed of by this Court on 09.11.2022. In pursuance of the directions issued by this Court on 09.11.2022, the petitioner preferred an application before the Arbitrator who was District Collector, Pali for grant of solatium and interest for his land which was acquired by the respondents. 4. Learned District Collector (Arbitrator), Pali vide order dated 27.05.2024, rejected the application preferred by the petitioner on the ground that since the petitioner had accepted the award passed by the Land Acquisition Officer-cum-Sub Divisional Officer, Rohet, District Pali and had handed-over the possession of the acquired land without raising any dispute, thus, no arbitrable dispute exists between the parties. As such, the application for arbitration in the matter for grant of solatium and interest is not maintainable and the same has been therefore rejected. Being aggrieved of the order dated 27.05.2024, the present writ petition has been filed. 5. As such, the application for arbitration in the matter for grant of solatium and interest is not maintainable and the same has been therefore rejected. Being aggrieved of the order dated 27.05.2024, the present writ petition has been filed. 5. Learned counsel for the petitioner vehemently submitted that there was no occasion for the petitioner to pray for the compensation towards solatium and interest on the date on which the award was passed as Section 3-J of the Act of 1956 was in vogue, which does not entitle the petitioner for grant of solatium and interest. 6. Learned counsel further submits that in view of the authoritative pronouncement of the Hon’ble Supreme Court in the case of Tarsem Singh (supra), the petitioner is now entitled to get solatium and interest as compensation for acquisition of his land acquired by the respondents. 7. Learned counsel also submits that technically, the application should have been filed before the Land Acquisition Officer itself but the writ petition was filed before this Court which was disposed of vide order dated 09.11.2022 with a direction to approach the Arbitrator by way of filing an appropriate application. Since the dispute with respect to the solatium and interest was not raised by the petitioner before the Land Acquisition Officer, therefore, learned counsel for the petitioner prays that the writ petition may be allowed and the petitioner may be given liberty to approach the concerned Land Acquisition Officer by way of filing an appropriate application for grant of solatium and interest in the light of the judgment of the Hon’ble Supreme Court in the case of Tarsem Singh (supra) and the Land Acquisition Officer may be directed to decide the same expeditiously. 8. Per contra, learned counsel for the respondents vehemently opposed the submissions made by the learned counsel for the petitioner and submits that the award was passed way-back in the year 2014 and the petitioner had waived his right to challenge the same as he had accepted the award passed by the Land Acquisition Officer. Learned counsel submits that the petitioner has approached this Court after a delay of more than four years and, therefore, the petitioner is not entitled for grant of any relief on the ground of delay and latches alone. 9. Learned counsel submits that the petitioner has approached this Court after a delay of more than four years and, therefore, the petitioner is not entitled for grant of any relief on the ground of delay and latches alone. 9. Learned counsel also submits that there is no infirmity in the order passed by the District Collector(Arbitrator), Pali on 27.05.2024 as no arbitrable dispute existed between the parties. He, therefore, prays that the writ petition may be dismissed. 10. I have considered the submissions made at the Bar and gone through the relevant record of the case. 11. The factual details mentioned in the preceding paras clearly show that the land of the petitioner was acquired by the respondents-National Highways Authority of India and the award was passed as per the provisions of the Act of 1956 by the Land Acquisition Officer on 31.07.2014. On the date of passing of the award, Section 3-J of the Act of 1956 was in vogue and, therefore, the petitioner was not entitled for grant of solatium and interest. However, subsequently the validity of Section 3-J of the Act of 1956 was declared ultra-vires by the Hon’ble Supreme Court in the case of Tarsem Singh (supra) observing as under :- “41. There is no doubt that the learned Solicitor General, in the aforesaid two orders, has conceded the issue raised in these cases. This assumes importance in view of the plea of Shri Divan that the impugned judgments should be set aside on the ground that when the arbitral awards did not provide for solatium or interest, no Section 34 petition having been filed by the landowners on this score, the Division Bench judgments that are impugned before us ought not to have allowed solatium and/or interest. Ordinarily, we would have acceded to this plea, but given the fact that the Government itself is of the view that solatium and interest should be granted even in cases that arise between 1997 and 2015, in the interest of justice we decline to interfere with such orders, given our discretionary jurisdiction under Article 136 of the Constitution of India. We therefore declare that the provisions of the Land acquisition Act relating to solatium and interest contained in Section 23(1A) and (2) and interest payable in terms of section 28 proviso will apply to acquisitions made under the National Highways Act. We therefore declare that the provisions of the Land acquisition Act relating to solatium and interest contained in Section 23(1A) and (2) and interest payable in terms of section 28 proviso will apply to acquisitions made under the National Highways Act. Consequently, the provision of Section 3J is, to this extent, violative of Article 14 of the Constitution of India and, therefore, declared to be unconstitutional. Accordingly, Appeal @ SLP (C) No. 9599/2019 is dismissed.” A bare perusal of the judgment of the Hon’ble Supreme Court in the case of Tarsem Singh (supra) shows that the provisions of Section 3-J of the Act of 1956 were declared ultra- vires and the land owners had been granted benefit of grant of solatium and interest on account of the acquisition of their lands by the National Highways Authority of India. 12. In these circumstances, this Court is firmly of the view that the petitioner is duly entitled for grant of solatium and interest for acquisition of his land by the respondents. However, since the dispute has not been raised before the Land Acquisition Officer, therefore, it will be in the interest of justice that the petitioner may be given liberty to approach the Land Acquisition Officer for grant of solatium and interest as per law in the light of the law laid-down by the Hon’ble Supreme Court in the case of Tarsem Singh (supra). 13. In view of the discussions made above, the writ petition is disposed of with liberty to the petitioner to approach the concerned Land Acquisition Officer by way of filing an appropriate application for grant of solatium and interest and the Land Acquisition Officer is directed to decide the said application expeditiously, after giving reasonable opportunity of hearing to all the concerned parties, by passing a reasoned and speaking order preferably within a period of three months from the date of receipt of such application. 14. It is made clear that the respondents will be at liberty to raise all the grounds available to them including the ground of delay in filing such application. 15. The stay application as well as other pending misc. applications, if any, stand disposed of accordingly.