ARUN BHANSALI, J. - (1.) This writ petition has been filed by the petitioner seeking handing over of the land comprised in khasra Nos. 174 to 178 for construction of National Highway and a direction to the District Collector, Chittorgarh in this regard.
(2.) It is inter alia indicated in the writ petition that the disputed land was acquired for widening of National Highway No. 76. After issuing notification under Section 3B of the National Highway Act, 1956 ('the Act, 1956') on 9.2.2002, it is claimed that the compensation was disbursed through cheques to the land owners under Section 3G of the Act, 1956. It is submitted that the acquired land could not be mutated in favour of the Central Government and the respondents taking advantage of the said fact, sold the acquired land to others, in whose name the land has been mutated. Copies of Jamabandi of Samvat Year 2071-1974 has been filed as Annex.3. It is claimed that the construction of six lane National Highway is under process, however, the petitioner has not been able to take possession of the acquired land as it is claimed that the same has been sold and mutated in favour of the subsequent purchasers. It is claimed that the petitioner has written letter to the District Collector, Chittorgarh on 14.6.2018 to do the needful in terms of provisions of Section 3E (2) of the Act, 1956, however, the possession so far has not been delivered to the petitioner and, therefore, has sought direction as indicated hereinbefore.
(3.) Learned Counsel for the petitioner made submissions that once the compensation has been paid, the petitioner is entitled to get possession of the land, which has been duly acquired under the provisions of the Act, 1956 and, therefore, the subsequent transfer is bad in law.;