Neutral Citation No. - 2025:AHC:90524-DB Court No. - 21 Case :- WRIT - C No. - 17187 of 2025 Petitioner :- Smt. Kamlesh Devi And 3 Others Respondent :- The State Of U.P. And 9 Others Counsel for Petitioner :- Mohammad Fahad,Mohd. Parvez Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The present petition has been filed by the petitioners praying for a writ of mandamus commanding respondents no. 2, 3 and 4 not to pay compensation for the acquired land comprising of Khata No. 89, Khasra No. 226, measuring 0.462 hectare and 0.462 hectare to respondents no. 5 to 10 till adjudication of Original Suit No. 25 of 2023 filed by the petitioners against private respondents for cancellation of sale deed dated 05.03.2021 and agreement to sell dated 05.03.2021. It seems that the subject land was acquired under the provisions of National Highways Act, 1956. The notification under Section 3D of the Act was issued on 22.11.2024. 2. Counsel for the petitioners submits that in the acquisition notifications the subject land is shown as belonging to the private respondents and since civil suit filed by the petitioners against private respondents is pending, therefore, compensation should not be released in their favour. 3. Admittedly, award has not been declared so far. 4. Under the Scheme of National Highways Act, 1956 after issuance of notification under Section 3D the affected tenure holders have right to file objection and participate in the proceedings for determination of compensation. In case, the petitioners claim right to receive compensation, it is open to them to file objection before the Competent Authority at appropriate stage so that the same is considered while declaring the award. 5. No ground is made out, at this stage, to restrain the respondents from releasing compensation in favour of the private respondents, as prayed for. 6. The petition is disposed of with the aforesaid observation. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 27.5.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad