HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30972 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner; Sri Ambrish Shukla, learned Additional Chief Standing Counsel for the State and Sri Raghav Dwivedi, learned counsel for the respondent no. 3-NHAI. 2. The instant writ petition has been preferred for a mandamus directing the respondent no. 2 to consider and decide his claim of compensation for acquired land i.e. gata no. 6 situated at village Ujiyali Kalan Gair Ahatmal, Pargana-Jansath, District Muzaffar Nagar. Another relief claimed is a mandamus to command the respondent no. 2 to decide his representation dated 28.9.2024 in accordance with law. 3. Admittedly, the land in question is a subject matter of acquisition under the provisions of National Highways Act, 1956 (hereinafter referred to as "Act"). Notification under Section 3-A of the Act was issued on 4.10.2022 and thereafter, notification under Section 3-D of the Act was issued on 27.12.2022. The petitioner purchased the said land from the erstwhile owner by means of registered sale deed dated 31.10.2022. 4. Learned counsel for the petitioner submits that on the basis of the sale deed executed by the erstwhile owner he is entitled to be paid compensation for the said land. 5. It is well settled proposition of law by judicial pronouncement of the Apex Court that purchaser of the land subsequent to initiation of the acquisition Versus Counsel for Petitioner(s) : Manoj Kumar Dhuriya Counsel for Respondent(s) : C.S.C., Pranjal Mehrotra Dharm Singh .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) proceedings has no locus standi to challenge the acquisition proceedings but certainly he is a person interested in the compensation. 6. Reference may be made to the decision of the apex Court in the case of V. Chandrasekaran v. Administrative Officer, (2012) 12 SCC 133 , wherein it has been held as under: "18. In view of the above, the law on the issue can be summarised to the effect that a person who purchases land subsequent to the issuance of a Section 4 notification with respect to it, is not competent to challenge the validity of the acquisition proceedings on any ground whatsoever, for the reason that the sale deed executed in his favour does not confer upon him, any title and at the most he can claim compensation on the basis of his vendor's title." 7. The same view has been reiterated in a recent decision of the apex Court in the case of Government (NCT of Delhi) v. Manav Dharam Trust and another, (2017) 6 SCC 751. 8. In view of the settled law on the subject, subsequent purchaser is a person interested only to the extent of making a claim of compensation of the land, subject matter of acquisition. 9. In view of above, right of compensation being claimed by the petitioner is worthy of being considered. However, since the issue involves adjudication into a question of fact, we feel appropriate that the fact finding authority may consider the claim of the petitioner at the initial stage. 10. Learned Additional Chief Standing Counsel appearing on behalf of State-respondent and Sri Raghav Dwivedi, learned counsel appearing for respondent no. 3 fairly state that the claim made by the petitioner which is pending before the respondent no. 2 shall be considered expeditiously. 11. In view of above, we dispose of the writ petition directing the respondent no. 2-Prescribed Authority/Additional District Magistrate (Finance & Revenue), Muzaffar Nagar to consider the representation made by the petitioner strictly in accordance with law by a reasoned and speaking order after notice and opportunity of hearing to all concerned, within a period of two months from the date of production of certified copy of this WRIC No. 30972 of 2025 2 order before him. 12. We make it clear that we have not entered into merit of the case and the same shall be considered by the concerned authority on its own fact independently. September 8, 2025 A.K.Srivastava WRIC No. 30972 of 2025 3 (Amitabh Kumar Rai,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad