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, the petitioner applied to the respondent No.3 for a share in the compensation by moving an application dated 30.01.2016. The latter called upon the respondent No.4 to appear and file his say to that application and ultimately the petitioner’s claim was rejected by the order dated 05.01.2017, which is impugned in the present petition.

5. With the consent of the parties, the matter is heard finally and was reserved for order.

6. At the outset, it is necessary to mention that there is apparently no dispute about any of the facts averred in the petition. The whole controversy therefore, revolves around the interpretation and distinction between Sub-Section (3) and (4) of Section 3-H of the Act. The relevant provisions are reproduced hereinafter for ready reference :

“ 3-H. Deposit and payment of amount.-

(1) The amount determined under section 3-G shall be deposited by the Central Government in such manner as may be laid down by rules made in this behalf by that Government, with the competent authority before taking possession of the land.

(2) As soon as may be after the amount has been deposited under sub-section (1), the competent authority shall on behalf of the Central Government pay the amount to the person or persons entitled thereto.

(3) Where several persons claim to be interested in the amount deposited under sub- section (1), the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them.

(4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil Court of original jurisdiction within the limits of whose jurisdiction the land is situated.

(5) Where the amount determined under section 3-G by the arbitrator is in excess of the amount determined by the competent authority, the arbitrator may award interest at nine per cent per annum on such excess amount from the date of taking possession under section 3-D till the date of the actual deposit thereof.

(6) Where the amount determined by the arbitrator is in excess of the amount determined by the competent authority, the excess amount together with interest, if any, awarded under sub-section (5) shall be deposited by the Central Government in such manner as may be laid down by rules made in this behalf by that Government, with the competent authority and the provisions of sub-section (2) to (4) shall apply to such deposit. "

7. The National Highways Act, 1956 is an Act to provide for the declaration of certain highways to be national highways and for matters connected therewith. By Section 2, certain highways can be declared as national highways. By Section 3, the term