Sudhir Agarwal, J. - (1.) This writ petition has been filed as a public interest litigation under Articles 226 and 227 of Constitution of India bringing to the notice of this Court about conversion of a public park/open space into commercial venture i.e. multiplex consisting three Cinema Halls, Shopping Complex etc., in utter violation of Master Plan made under the provisions of U.P. Urban Planning and Development Act, 1973 (hereinafter referred to as "U.P. Act, 1973") and U.P. Parks, Playgrounds and Open Spaces (Preservation and Regulation) Act, 1975, (hereinafter referred to as "U.P. Act, 1975") at Plot No. 11, Block no. 6, (total area comprising 22,468.468 square meters) at Bhairav Ghat, Civil Lines, Kanpur Nagar.
(2.) Petitioner-1, M/s Krishak/Mazdoor Evam Pashupalak Vikas Sewa Samiti, Bisayakpur, Kanpur Nagar (hereinafter referred to as "Society) is registered under Societies Registration Act, 1860 (hereinafter referred to as "Act 1860"). The object of Society is to strive for preservation and protection of common utility land and also for restoration and preservation of green belt at Kanpur Nagar as per Master Plan approved therefor. Copy of Memorandum of Association and bye-laws of Society are on record as Annexures-1 and 2 to the writ petition. Item 18 thereof mentions following objective of Society: TABLE NOT FOUND "To co-operate with administration for protection of environment and doing plantation and encourage others for plantation on the vacant land after obtaining permission from Government" (English translation by this Court)
(3.) Petitioner-2, Robby Sharma, founder Member of Society, claims to have been authorized by Society to file present writ petition.;