Amitava Lala, ACJ. - (1.) Since an application has been filed by the petitioner to delete the name of respondent No. 9, the application is treated to be allowed without imposing any cost. Leave is granted to the counsel for the petitioner to delete the name of respondent No. 9 from the array of the parties by red ink.
(2.) This writ petition, in the form of Public Interest Litigation, has been filed by the petitioner, claiming himself to be businessman of the consumer goods, out of his great affection to the old religious ponds situated at religious places in the city of District, Varanasi, which are sought to be filled up in order to raise construction in the nature of residential and/or commercial causing great ecological imbalances. The prayer in the writ petition is as follows: "(i) issue a writ order or direction in the nature of mandamus restraining the respondent Nos. 3 to 5 from releasing the sanctioned map of multistoried complex sought to be developed and raised by respondent Nos. 8 to 11 situate over Pond and its bank situate over Arazi Nos. 82 and 81, village Birdopur Weard Bhelupur Pargana Dehat Amanat, District, Varanasi respectively. (ii) Issue a writ order or direction in the nature of mandamus restraining the respondent Nos. 6 and 7 from releasing the No Objection Certificate in favour of respondent Nos. 8 to 11 for proposed construction over Pond and its bank situate over Arazi Nos. 82 and 81, Village Birdopur Ward Bhelupur Pargana Dehat Amanat, District, Varanasi respectively. (iii) Issue a writ order or direction the nature of mandamus restraining the respondent Nos. 8 to 11 from raising construction in the shape of Multistoried Complex over Arazi Nos. 82 and 81, village Birdopur Ward Bhelupur Pargana Dehat Amanat, District, Varanasi, respectively. (iv) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (v) to award the cost of the present writ petition."
(3.) On exchange of affidavits and upon hearing the parties' counsel at length, we come across factual and legal aspects to decide the case hereunder.;