Anish Kumar Gupta,J.

1. The instant petition has been filed praying for a writ of certiorari quashing the order-cum-letter dated 27.05.2024 issued by the Office of Special Land Acquisition Officer, Bijnor and for a direction to the respondents - Authorities to pay compensation to the petitioner in terms of award of Land Acquisition Officer dated 11.04.2022 in Case No. 02 of 2021 along with interest.

2. The case of the petitioner is that he had purchased Plot Nos. 56 and 57 by registered sale deed dated 19.01.2022 from the recorded tenure holder, namely, Govind Singh s/o Ghasita. His name came to be mutated in khatauni of 1430-35 Fasli. On 08.12.2021, a notification under Section 3D of National Highways Act, 1956 was issued followed by award dated 11.04.2022. The petitioner filed a representation on 11.07.2022 for payment of compensation for the acquired land to him. As the petitioner had purchased the subject land after issuance of notification under Section 3D, therefore, he also filed affidavit of his vendor dated 11.07.2022 stating that he has no objection in case compensation amount for the subject land is paid to the petitioner. However, the Competent Authority in reply to a questionnaire under R.T.I. Act informed the petitioner on 27.05.2024 that since the subject land was acquired under the provisions of National Highways Act, 1956 and Railways Act, 1984 and the petitioner had purchased the property after issuance of notification under Section 3D of National Highways Act/20(E) of Railways Act and therefore, it would not be possible to pay compensation to him.

3. Learned counsel for the petitioner submits that although the petitioner had purchased the subject land after issuance of notification under Section 3D of National Highways Act but still he will have right to claim compensation, in view of no objection granted by his vendor. He places reliance on a Full Bench judgement of this Court in Sursati Vs. State of U.P. and others, 2022 (9) ADJ 547.

4. The Full Bench in the said judgement has specifically considered as to whether the purchaser of land after publication of declaration under Section 3-D(1) of National Highways Act, 1956 is entitled to receive compensation on the strength of his vendor's title. It has been answered as follows:

"49. Question No. 1A is answered in the affirmative. It is held that a subsequent purchaser of the land after publication of the notification under Section 3-D of the National Highways Act, 1956 shall be entitled to receive only compensation on strength of his vendor's title. He will not have any right to question the acquisition or claim any other benefits. However, it shall be subject to notice to the vendor and his no objection."

5. The aforesaid legal position has not been disputed before us by the learned counsel for NHAI and learned Additional Chief Standing Counsel. Therefore, we passed the following order on 18.02.2025:

"1. Supplementary affidavit filed today, is taken on record.

2. An application dated 11.07.2022 by Govind Singh has been annexed in which he stated that he has no objection in case the compensation for the subject land is paid to the petitioner.

3. Learned Standing Counsel has placed on record the instructions received from the Competent Authority in which the stand taken is that compensation is not payable to the petitioner as he has purchased the land after issuance of the preliminary notification. There is no clarification as to whether the original tenure holder has submitted no objection in favour of the petitioner as is being claimed by him.

4. Learned Standing Counsel and counsel for NHAI pray for and are granted two weeks' time to obtain instructions on the said aspect.

5. Put up as fresh on 12.03.2025.

6. When the matter is listed next, name of Sri Sanjay Srivastava, shall be shown as counsel for respondents no. 2.

7. The order has been passed in the presence of Sri Pranjal Mehrotra, learned counsel appearing for respondent no. 1." 

6. Pursuant to the same, learned Standing Counsel has placed on record the written instructions received from the Competent Authority, District Bijnor in which it is admitted that Govind Singh, vendor of the petitioner, did not make any claim for payment of compensation to him. However, it is stated that no objection from Govind Singh is also not available on record.

7. Learned counsel for the petitioner submits that the affidavit of Govind Singh was duly filed. He further states that he will again file his affidavit before the Competent Authority and prays that a direction be issued to the Competent Authority to release compensation in favour of the petitioner.

8. The Full Bench, while recognizing right of the subsequent purchaser to receive compensation on strength of his vendor's title, has provided that before releasing the compensation amount notice would be issued to the vendor to ascertain his stand and to obtain no objection from him.

9. Having regard to the said legal position, we dispose of the instant petition by providing that the respondent no. 4 will issue notice to the vendor of the petitioner, namely, Govind Singh, within two weeks from the date of communication of the instant order and in case, no objection is filed by him, further action will be taken in accordance with law laid down by Full Bench in Sursati Vs. State of U.P. and others, 2022 (9) ADJ 547.