Neutral Citation No. - 2025:AHC:33546-DB Court No. - 21 Case :- WRIT - C No. - 39046 of 2024 Petitioner :- Smt Santosh And Another Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Mohd. Hesamuddin Khan Counsel for Respondent :- Anjali Upadhya,C.S.C.,Shivam Yadav Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J. 1. Sri Rajeev Gupta, learned Additional Chief Standing Counsel states that he has filed an affidavit of the Secretary of the concerned department in the Registry on 04.03.2025, which is not on record. 2. The following prayers have been made in the writ petition:- " (i). issue a writ, order or direction in the nature of mandamus commanding the respondent concerned to provide land for abadi by way of leaseback to the petitioners in lieu of their land bearing Khasra No.287 area 0.2015 hectare situated at Village: Rampur Fatehpur, Pargana and Tehsil: Dadri, District Gautam Budh Nagar, acquired vide notification dated 31.08.2007 under Section 4 read with Section 17 of the Act for planned industrial development in District Gautam Budh Nagar and notification under Section 6 read with section 17(1) of the Land Acquisition Act, published in extra ordinary gazatte on 27.02.2008 or to make payment of compensation alongwith interest to them for the said land in accordance with law. (ii). issue a writ, order or direction in the nature of mandamus commanding the respondent concerned to take early decision on the Shifting Policy pending before the Government of Uttar Pradesh/respondent No.1, as observed in the order dated 09.09.2024 passed with the approval of respondent No.3." 3. On 26.11.2024, the following order was passed:- "1. The application of the petitioners for lease back of the abadi area of the acquired land has been considered by the Additional Chief Executive Officer, Greater NOIDA vide order dated 09.09.2024. It has been observed that alternative land would be allotted to the petitioners under the shifting policy, which is pending approval before the State Government. Final decision in the matter would be taken as soon as the State Government approves the policy. 2. Having regard to the said stand of the Development Authority, we require the 1st respondent to file his affidavit and apprise the Court of the decision of the State Government in relation to the shifting policy, which is stated to be pending for approval before the State Government. 3. Shri Rajiv Gupta, learned Additional Chief Standing Counsel will communicate the instant order to the 1st respondent for due compliance. 4. List as fresh on 17.12.2024." 4. Learned Standing Counsel submits that the State Government has already taken decision in respect of land shifting policy and affidavit of the concerned Secretary was filed on 04.03.2025 in the Registry. Copy of the same has been placed before us for perusal. 5. Learned counsel for the petitioners submits that the claim of the petitioners be directed to be examined by the Committee constituted under the land shifting policy, as approved by the State Government on 23.12.2024. 6. Learned Additional Chief Standing Counsel appearing for the State also makes the same submission. 7. Accordingly, without expressing any opinion on merits, the petition is disposed of with direction to respondent no.3 to place the claim of the petitioners for consideration before the Committee constituted under the Chairmanship of Chief Executive Officer of the Development Authority in terms of the Government Order dated 23.12.2024 within twelve weeks from the date of communication of the instant order along with a fresh representation. 8. Office shall trace out the affidavit of Secretary dated 04.03.2025 and place it on record. Order Date :- 7.3.2025 Mini (Jayant Banerji,J.) (Manoj Kumar Gupta, J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad