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Judgment
This writ petition has been filed by the petitioner seeking handing over of the land comprised in khasra no. 174 to 178 for construction of National Highway and a direction to the District Collector, Chittorgarh in this regard.
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.
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.
Submissions have been made that the District Collector is bound to handover the possession of the land in question to the petitioner, which obligation it has failed to discharge and, therefore, direction in this regard be issued.
I have considered the submissions made by learned counsel for the petitioner and have perused the material available on record.
A bare perusal of the averments made in the petition and material available on record apparently shows dereliction of duty on part of the officers of the National Highway Authority inasmuch as once the acquisition was completed in the year 2002/2003 by payment of compensation to the land owners, it was the duty of the petitioner to get the land mutated in their favour/in favour of the Central Government, however, admittedly no action has been taken and now after 16 years the Collector has been approached by way of communication purportedly under Section 3E (2) of the Act, 1956 to handover the possession knowing fully well that the land has been transferred in favour of other persons.
The filing of writ petition for the relief claimed is wholly inappropriate inasmuch as the petitioner first has to seek the requisite correction in the revenue records, setting aside the entries in favour of the subsequent purchasers and then seek possession of the land in question in accordance with law.
The inaction of the petitioner to initiate action regarding the revenue records and simply sending communication to the District Collector purportedly under Section 3E(2) of the Act,1956 and, thereafter, filing of present writ petition seeking to enforce such communication cannot be countenanced.
In view thereof, no case for issue of directions as sought is made out.
The writ petition has no substance and the same, is therefore, dismissed.