Neutral Citation No. - 2025:AHC:89072-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 27) Court No. - 21 Case :- WRIT - C No. - 13587 of 2025 Petitioner :- Hari Singh And 4 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sanjay Kumar Mishra,Sr. Advocate Counsel for Respondent :- Anjali Upadhya,C.S.C.,Shivam Yadav Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri H.N. Singh, learned Senior Counsel assisted by Sri Sanjay Kumar Mishra, learned counsel for the petitioners, Sri Rajiv Gupta, learned Additional Chief Standing Counsel for the State-respondents and Sri Shivam Yadav, learned counsel for the respondent-Development Authority. 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 Greater Noida Industrial Development Authority, Gautam Buddh Nagar through Chief Executive Officer to execute and register the corrected/revised lease back deed in favour of the petitioners of an area of 4800 square meter on Plot Nos.440, 443, 442 and 441 and an area of 3170 square meters in Sector KP-5 situate at Village Bisrakh Jalalpur, Pargana and Tehsil Dadri, District Gautam Buddh Nagar within a period of time specified by this Hon'ble Court. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to cancel the allotment of Plot No.GH-14A area 42165 square meter dated 15.07.2014 and lease dated 31.07.2014 in favour of respondent No.4, Plot No.GH-14B area 33000 square meters and Plot No.GH-14 area 33400 square meters, allotted on 15.07.2014 for which lease has yet not been executed and not to permit the respondent Nos.4, 5 and 6 to raise any construction on the land allotted to them during the pendency of the writ petition or till, the revised/corrected lease deed is executed in favour of the petitioners." 3. The case of the petitioners is that they have been allotted certain land in recognition of their right to obtain lease back in lieu of their acquired land. The respondent-Authority had also executed a registered lease deed but possession of the entire area was not delivered. 4. On 2.5.2025, the following order was passed:- "1. Sri M.C. Chaturvedi, learned Senior Counsel, assisted by Ms. Anjali Upadhya, appearing on behalf of respondent no. 2, prays for and is granted time to obtain specific instructions as regards time frame within which lease deed for the alternative land proposed to be allotted to the petitioners would be executed. 2. List as fresh on 22.5.2025." 5. The respondent-Development Authority has filed an affidavit and in paragraph nos. 10 to 14, the following stand has been taken:- "10. That Since GNDIA has to execute the lease deed on a nominal fee of Re. 1 only, the GNIDA proposes to execute such a lease-deed of all the areas in one motion. It is for such reasons, GNIDA has proposed to allot/earmark 271 square metres of land within 15 days, and another 15 days would be required for the execution and handing over of the aforesaid plots. 11. That once such exercise is completed, the petitioner would be provided with one Lease Deed, which will consist of all three plots (2 already allocated, and 1 newly allocated). Such exercise would be completed by the GNIDA in one month's time. 12. That petitioners are already in possession of the already allocated plot, for which a GPS survey to verify the possession and area of the plot is also made, in which the petitioners are found in possession of plots. The copy of the GPS- Survey Report is attached herewith and is marked as Annexure No. CA-3 to this Affidavit. 13. That the aforementioned survey confirmed the petitioners' actual possession over 4,502.85 square metres on plot numbers- 440/440A, 443B, 442A, 441A and 3,194.62 square metres on plot numbers-440/806B, 807B, 808C, totalling 7697.47 square metres. A detailed site plan reflecting actual measurements as well as the Layout has been prepared and is annexed herewith as Annexure CA-4 to this Compliance Affidavit. 14. That as per the policy the GNIDA is only required to earmark and execute lease deed along with possession of the newly carved/allotted plot within a period of 1 month; therefore, this timeliness would be followed by the GNIDA for settling the present issue, in which GNIDA would allot one plot of 271 square mtrs. to the petitioner and would also provide possession of that plot, along with that lease deed on a nominal fee of Re.1, would be executed for all three plots in the aforementioned timeline, the GNIDA would adhere to the aforesaid timeliness and also assure timely disposal of the claim." 6. Sri H.N. Mishra, learned Senior Counsel appearing for the petitioners submit that the respondent-Authority has already filed layout plan and it be directed to make available the entire land to the petitioners as per site plan after proper demarcation of the entire area. He further submits that the petitioners are ready to take another plot for the remaining area i.e. 271 square meters as promised. 7. Sri Shivam Yadav, learned counsel for the respondent-Development Authority states that the Authority will demarcate the entire land as per layout plan annexed with its affidavit of compliance and will ensure that the petitioners come in possession of the entire area within one month. He also states that required registered deeds would also be executed by the Authority subject to the petitioners complying with the legal formalities within four weeks. 8. Accordingly, the writ petition stands disposed of in terms of the stand taken by the respondent-Development Authority quoted above and the statement made by its counsel before this Court in relation to actual demarcation and making available physical possession of the same to the petitioners and execution of title deeds in favour of the petitioners within four weeks. Order Date :- 26.5.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad