- (1.) Heard Shri Pankaj Bhatia assisted by Shri Rahul Mishra, learned counsel for petitioners and Shri Ramendra Pratap Singh, learned counsel for respondents.
(2.) Petitioners have approached this Court for direction to the respondents to stop construction of cremation and burial grounds opposite to the societies of petitioners over land marked as "Recreational Green" in Master Plan.
(3.) Brief facts of the petition are that petitioners 1 to 12 are allottees of flats/units in towers of Green View-II Sahakari Avas Samiti Limited, which is a residential colony constructed on Plot No. 4, Sector-Pi,Greater Noida, Gautam Buddh Nagar, Uttar Pradesh. The said colony comprises of many multi-storey towers, having more than 400 flats/units. These towers are still under construction. Most of the Civil Work of the flats are completed. Petitioners 13 to 17 are residents of Jyoti Kiran Society, situated on Plot No. 3, Sector-Pi, Greater Noida, Gautam Buddh Nagar, Uttar Pradesh. Construction of the Society is already completed and petitioners 3 to 7 are residing in their respective houses therein. There are many other similar multi-storey residential societies adjacent to aforesaid society having large number of residential flats. In the Master Plan, area wherein these societies exist/being developed is described and marked as "Residential". Plot No. 4, on which Green View-II, Sahakari Avas Samiti Limited is being constructed and neighboring plot no.3, whereon Jyoti Kiran Society is situated and adjacent to which other societies exist, are facing a 60 meter wide road. The land across the said 60 meters road in the Master Plan is described and marked as "Recreational Green". It consists of Khasra No. 69, Village Biraundi Chraksenpur, Pargana Dadari, Tehsil and District Gautam Buddh Nagar.;