- (1.) The writ petitioner before us is a member of an unregistered society. By means of this writ petition, the petitioner is challenging the act of respondent No. 6, Gulmohar Builder S.V.P. Group, Ghaziabad who is allegedly constructing sewerage line in a green belt, which may cause falling of thousands of standing green trees and create ecological disbalance to the whole area. In paragraphs 16 and 17 of the writ petition, specific allegations of the petitioner are as follows: 16. That there is a private builder namely Gulmohar Builder S.V.P. Group who are planning to lie sewer line beneath the green belt. 17. That S.V.P. Group has purchased the entire land of Hindusatan Lever Factory and demolished the entire building and started constructing luxury flats of rupees 35-75 lacs in 700-800 number in the name of "Gulmohar Green Flats" and for providing sewer line facility to the Gulmohar Green Flats, the private building is trying to destroy the green belt by lying sewer line.
(2.) In paragraph 22 of the writ petition specific allegation of the petitioner is as follows: 22. That the respondent No. 6 has not obtained the permission of Nagar Nigam, Ghaziabad Development Authority, Ghaziabad and forest department for lying the sewer line in green belt.
(3.) Ultimately, it has been stated in paragraphs 50 and 51 of the writ petition that what is required to be done, as follows: 50. That Chapter X of the Code of Criminal Procedure, 1973 contains the head line of "maintenance of public order and tranquillity. The Chapter B deals with public nuisance and the Chapter C deals with urgent cases of nuisance or apprehended danger and it gives power to the District Magistrate or Sub-Divisional Magistrate or Executive Magistrate to pass conditional order for removal of the nuisance and it prescribes penalty Under Section 188 of the Indian Penal Code in the case of the failure on the part of the person responsible for creating nuisance. 51. That the offence mentioned in Section 133(c), (d) and (e) comes within the purview of the public nuisance created by the respondent No. 6 and he is liable to be prosecuted under this section also.;