MANGESH S. PATIL,J.

1. Rule. Rule made returnable forthwith. Heard finally with the consent of parties.

2. Interpretation of the provisions of Section 3-H of the National Highways Act, 1956 ( hereinafter referred to as the Act), and particularly interpretation and distinction between Sub Section( 3) and (4) of Section 3-H apparently is in dispute in this writ petition, seeking a certiorari under Article 226 of the Constitution of India.

3. Shorn of unnecessary details, the petitioner's averments are to the effect that his father purchased agricultural land admeasuring 5 Acres 14 Are from land survey nos. 11/1 and 10/01 of village Manjarsumba, District Beed under the sale-deed dated 17.07.1979. In pursuance of the sale deed, Revenue record was also mutated vide Mutation Entry No.332 dated 28.12.1980 in the name of his father. It was, in fact, an undivided ¼th share of the vendee Shri. Gopal Agwan in those lands. Later on, the vendor sold a portion of 6 Acres 15 Are from the land survey No.10/1 to respondent No.4.

4. According to the petitioner, the portion admeasuring 16 Are from survey No.10/1 was acquired by the respondent Nos.1 to 3 under the Act. Being one of the co-owners