HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 39479 of 2025 Court No. - 21 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Sri Surya Prakash Dubey, learned counsel for the petitioners and Sri Gopal Chandra Saxena, learned Standing Counsel for the State-respondents. Sri Vaibhav Tripathi appears for the respondent no. 3. 3. The instant writ petition is preferred challenging the validity of the order dated 02.04.2025 passed by the Special Land Acquisition Officer, Basti, whereby the claim of the petitioners had been rejected. It is claimed that the petitioners are tenure holders of Gata No. 153, Village Bhakrahi, Tappa Dubaulia, Pargana Amodha, District Basti. It reflects from the record that the Central Government has proceeded to notify the land for the purpose of making four lane National Highway. Accordingly, the notification under Section 3(A) of National Highways Act was issued and later on, it appears that the husband of first petitioner, namely Ram Pher, died. The husband of first petitioner was recorded as tenure holder and later on, the name of the first petitioner was mutated on 17.11.2021. The claim of the petitioners have been denied on the ground that the first petitioner has executed a gift deed in favour of her daughter-in-law on 17.11.2021. The gift deed has been executed in favour of second petitioner by the first petitioner. The first petitioner has also accorded NOC in favour of second petitioner for release of the compensation. 3. Learned counsel for the petitioners vehemently contended that it is not disputed that the petitioner's husband was recorded as tenure holder and after her husband's demise the name of first petitioner was duly mutated and later on, a gift deed was executed in favour of her daughter-in-law. Learned counsel for the petitioners has placed reliance on a judgement of Sursati Vs. State of U.P. and others, 2022 (9) ADJ 547. He Versus Counsel for Petitioner(s) : Surya Prakash Dubey Counsel for Respondent(s) : C.S.C., Vaibhav Tripathi Smt Gulaba Devi And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) submits that there is no challenge to the acquisition but at the same time, the law is well settled with regard to claim of compensation. The person, who acquires title to the land after the preliminary notification is entitled to claim compensation only. Hence, the rightful claim cannot be denied in arbitrary manner. 4. Per contra, learned counsel for NHAI in support of the counter affidavit, submits that it is admitted position that the disputed land was subject matter of acquisition under the NHAI Act and adequate compensation has already been deposited by the Special Land Acquisition Officer. As per his instruction there was no permission to transfer, hence compensation cannot be released. However, as to the legal position, he submits that the same is well settled. All the aspect can be examined by the respondent authority and release the compensation. 5. Sri Gopal Chandra Saxena, learned Standing Counsel, submits that under the fact and circumstances, it is accepted position that the compensation is to be released. Since there is no challenge to the acquisition, the rightful claim must be settled. After the preliminary notification, the rightful claim of compensation cannot be denied to any party claiming rights after the preliminary notification. 6. Under the facts and circumstances, we are of the considered opinion that the claim qua compensation is to be examined by the Authority. The record reflects that there is no dispute of share. There is also no other claim over the land in question.The judgement of Sursati (supra) is fully applicable in the present case. 7. Accordingly, the order dated 02.04.2025 is set aside and the matter is relegated back to the Special Land Acquisition Officer to examine in the light of the discussions made above and do the needful within six weeks. 8. The writ petition stands disposed of. March 19, 2026 gp WRIC No. 39479 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad